A Preliminary
Alcohol Screening (PAS) machine is portable, handheld breath
test device The preliminary alcohol screening test is not supposed to be determinative”
of your blood-alcohol content but is a “field sobriety test” which may be used
as a further investigative tool in order to establish reasonable cause to
believe a person was driving a vehicle while under the influence of alcohol. DUI Lawyers in Orange County
routinely challenge the validity of the results for these breath-testing
devices, which must be used, calibrated and maintained in accordance with the
guidelines of Title 17.
It is now
fairly routine for law enforcement in Orange County to use the PAS during a DUI investigation. This test is
voluntary and the law specifically requires the DUI officer to tell you that
you don’t have to take the test. Your refusal to take the PAS test during a DUI
investigation cannot be used against you in court. In my experience a majority
of police and CHP officers in Orange County do tell people that they may refuse
the PAS, but a good number of officers make it a policy not to admonish the subject of a DUI investigation that he or she
may refuse the test. Unfortunately, even if a DUI investigator does not comply
with their legal duty to tell people that the test if voluntary, the result is
still admissible in court. The only consequence is that your Orange County DUI Attorney
will tell the jury that the officer was supposed to tell the person on trial
for a DUI of the voluntary nature of the test but didn’t do it.The most commonly used PAS device in California is the Alco-Sensor IV, which is capable of being downloaded, making the computer printout of all information processed through the unit. Some models are also capable of having a printed breath ticket processed at the time the test is given. As with any other breath machine, the PJAS doesn’t save any breath sample.
If the DUI
officer does not use the PAS correctly, or if the PAS device was not properly
calibrated or maintained, your DUI
defense lawyer will make an Evidence Code Section 402 motion just before trial
starts. In order to justify admitting the PAS evidence the District Attorney
(DA) must either 1) show that the law enforcement agency responsible for the PAS
has complied with the regulations set out in Title 17 of the California Code of
Regulations for the maintenance of the PAS equipment and the training of
personnel administering the test; or 2) Provide independent proof that the PAS
test met three foundational requirements of People v. Adams (1976) 59
Cal.App.3d 559—That the PAS machine was in proper working order; That the test
used was properly administered; and The operator was competent and qualified.
If you have
been arrested for DUI in Orange County and would like to consult with an
experienced and highly qualified Orange
County DUI lawyer call the Law
Offices of EJ Stopyro at (949)
559-5500 today. The consultation is free
and confidential. Or visit our website at www.EJEsquire.com.Law Offices of EJ Stopyro
DUI Attorneys in Orange County
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