Generally the DUI field breath test or P.A.S. (Preliminary Alcohol Screening) test is admissible in Vista and throughout California absent any foundational errors in the procedures and calibration. The PAS test is administered usually in the field at the “stop” by a police officer. The DUI field breath test is not as reliable as other types of alcohol tests, and the jury may be so instructed if the case goes to trial.
This portable DUI field breath test or PAS may not be refused if you are on probation for DUI, other mandated testing, or are under 21 years of age. Otherwise, you are required to take the blood or breath test at the station. Sometimes, especially at DUI checkpoints, the more accurate breath machines calibrated by the crime lab are available on site. Blood samples can also be taken for later analysis at the crime lab. The field breath machines are calibrated by the police departments.
Chemical testing for alcohol or drugs are extremely important in the prosecution and defense of DUI cases. If you are required to take the PAS test and refuse to take it or refuse the official breath or blood test, there are additional license suspension and sentencing consequences if convicted. There are a number of possible issues for both DMV and the Court. Call Nicholas and William Christoph, Christoph Law Offices at 760-941-5720 for a free consultation. We have handled over 3000 DUI cases over more than 32 years across from Vista Courts.
