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During the course of most DUI investigations, there comes a time when the officer will ask the driver to blow into a plastic hand-held device in order to test the driver’s blood alcohol concentration (”BAC”). This usually occurs while the driver is still standing on the side of the road and after the officer has already asked a number of drinking-related questions and put the driver through a number of balance and coordination exercises commonly referred to as field sobriety tests (”FSTs”). This little machine is what is known as a preliminary alcohol screening device or “PAS” test.

The PAS test is often confused with the mandatory chemical breath test a driver must consent to after they are lawfully arrested and taken into custody for driving under the influence. Aside from the fact that the PAS test is widely known for giving inaccurately high and unreliable BAC readings, it is also completely voluntary if you are over 21-years old. Yes, you do not have to take this test and, therefore, you shouldn’t.

The officer will never tell you that you do not have to submit to this test, but the fact is, you do not have to take the PAS test and there is no consequence for refusing to do so.

FYI: The only test you are required to take during a DUI investigation is a chemical test of your breath or blood after you have been lawfully arrested. (Choose the breath test) The field sobriety tests and even answering investigative questions are entirely voluntary and should be politely refused.

Related posts:

1. Ventura Drunk Driving Lawyer: What Are My DUI Rights?
2. DUI Defense Attorney: What Test Should I Choose? Breath Test or Blood Test?
3. Los Angeles DUI Defense: How Does A Breath Test Work?
4. Ventura DUI Defense: 10 Tips On How To Handle A Drunk Driving Stop!
5. DUI Defense Attorney: What Tests Do I Have to Take If I Am Stopped for a DUI?

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This entry was posted on Tuesday, June 16th, 2009profile at 8:28 amsite-map and is filed under DUI. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.