Preliminary Alcohol Screening (PAS) Tests

A Bakersfield DUI Lawyer can Defend Your Rights

If you should ever be pulled over for a suspected DUI, it is highly likely that an officer will subject you to a Preliminary Alcohol Screening, or “PAS” test. Like any other field sobriety test, this is simply a tool for an officer to assess your level of intoxication and determine probable cause to make an arrest. As opposed to a post-arrest chemical test, a PAS test is entirely voluntary under most cases, unless you are under 21 years of age or are on probation for a prior DUI offense.

What Exactly is a PAS Test?

A PAS test can involve either an officer requesting a detained driver to blow into a handled breathalyzer or taking a saliva swab to test a driver’s blood alcohol concentration (BAC). Regardless of the type of test requested, these assessments are administered solely for the purposes of an officer to determine if a driver has been drinking enough for an arrest. The accuracy of these tests can be questionable at best, though they are still used regardless.

Should I Submit to a PAS Test?

If you are 21 years of age or older and are not on probation for DUI, it is wise to politely refuse a PAS test. The results of these tests can only harm you later on in court, so there is no reason why you should help an officer prove their case. By law, police officers are required to inform you that these tests are optional, though in many cases officers have been known to present them as if they are mandatory. If you have not been arrested, you do not have to take any tests!

What if I Have Been Arrested?

It is only after an arrest has been made that submitting to a chemical test is mandatory. California has an “implied consent” statute that says that by holding a California driver’s license, you are already consenting to any chemical test that an officer may request in the event that you should be lawfully arrested for a suspected DUI. An officer must give you the choice between a breath or blood test. If you refuse, your license will automatically be suspended for a minimum of one year, with additional years added for any previous test refusals on your record.

If you have been arrested for DUI, retaining the services of a trial-tested legal team is imperative to protect your future. At Campbell Whitten, our firm’s dedicated Bakersfield DUI attorneys can craft a custom-tailored defense against your charges and maximize your chances of securing a case dismissal or reduction of your charges. Having handled more than 10,000 cases throughout our firm’s existence, we know your rights and we know how to get results.