If you’ve been stopped on suspicion of DUI in California, chances are you’ve encountered—or will encounter—two different types of breath tests: the Preliminary Alcohol Screening (PAS) test and the evidentiary breath test. Understanding the difference between these tests can have a significant impact on your case and your rights.
Here’s what you need to know if you’re pulled over or arrested for DUI.
What Is a Preliminary Alcohol Screening (PAS) Test?
The PAS test is a handheld breathalyzer often used during DUI stops to quickly determine if alcohol is in your system. But here’s the thing:
• It’s not mandatory for everyone: If you’re over 21 and not on DUI probation, you can refuse this test without immediate consequences.
• It’s a screening tool: The PAS test is only used to help the officer decide whether to arrest you—it’s not strong evidence in court.
• It’s not perfect: PAS devices aren’t as accurate as other tests. Factors like improper use, environmental conditions, or device calibration issues can lead to unreliable results.
If you’re under 21 or on DUI probation, however, refusing a PAS test could have consequences.
What Is an Evidentiary Breath Test?
Once you’re arrested for DUI, the stakes get higher. The evidentiary breath test can be a more advanced and accurate test that you’re required to take by law. However, increasingly, it’s simply the same device used for PAS testing. Here’s how it works:
• It’s mandatory: Under California’s implied consent law, if you’re arrested, you must take either a breath or blood test. Refusing can lead to serious penalties, including a license suspension and harsher DUI consequences. And most counties simply instruct an officer to get a warrant for a blood draw. They still get the results and you get all the extra penalties.
• It’s stronger evidence: Unlike the PAS test, evidentiary breath tests are designed to hold up a little better in court.
• It’s done later: This test is usually conducted at a police station, a mobile testing unit, or a DUI checkpoint with highly calibrated equipment.
Key Differences Between the Two Tests
Here’s a quick comparison to help you understand the difference:
Why This Matters to You
If you’re stopped for DUI, knowing your rights and responsibilities could make or break your case. For example:
• Refusing a PAS Test: If you’re legally allowed to refuse, doing so could limit the evidence the officer has to arrest you.
• Refusing an Evidentiary Test: Refusal can result in automatic penalties, even if you aren’t ultimately convicted of DUI.
Each decision you make during a DUI stop can have legal consequences, and officers may not always explain your options clearly. That’s why it’s so important to have an experienced DUI attorney on your side who knows how to challenge both PAS and evidentiary test results.
How We Can Help
At Middlebrook & Associates, we specialize in defending DUI cases and protecting your rights. From challenging the accuracy of PAS or evidentiary breath tests to fighting for reduced charges and penalties, we’ll work to get you the best possible outcome.
If you’ve been arrested for DUI, don’t wait. Contact us today for a free consultation. Let us guide you through the process and give you the strong defense you deserve.