Oh no! You’ve been pulled over by the police and you know you’ve had a couple of drinks. Now what?
It’s always just a little bit stressful to get stopped by the police. If you know you cut that light a little short, you’ve got good reason to be nervous. If you know you’ve had a couple of cocktails, you may have even more reason to be fidgety, non-vocal, etc. when the police try to talk to you. If the officer smells alcohol on your breath, there is a very good chance you’ll be getting out of that car for some type of test.
You have certain constitutional rights. You might inadvertently waive them because you’re scared and nervous about the traffic stop. One big question comes up repeatedly in a situation like this: Do you have to submit to a preliminary alcohol screening breath test (PAS)? The requirement to do so isn’t necessarily carved in stone.
PAS – The Preliminary Alcohol Screening Breath Test
If you have not yet been arrested, but are pulled over for a possible DUI, a request may be made by the officer that you take a PAS breath test. You are supposed to be informed by the officer that it’s a voluntary test unless you’re on probation for a DUI in the past or you’re under the age of 21. Unfortunately, this piece of information isn’t always relayed by the officer.
If you’re asked to take a PAS test and you’re not on probation for an old DUI, you’re over the age of 21, and you have not yet been arrested, refusal of the test is within your rights. For one year, you will likely lose your driver’s license if you refuse the test and are under the age of 21. It may be considered a probation violation if you refuse the test while you’re on probation.
The Consent Law in California
If, for suspicion of DUI, you are placed under arrest by an officer, the law changes. In order to determine your BAC (blood alcohol concentration), you automatically consent to a chemical test when you obtain a California driver’s license. So, if you refuse a chemical test on your urine, breath, or blood, and you’ve been arrested for DUI in California, you could face additional penalties. Your license could be suspended for one year, as an example.
A blood test warrant is not needed by the police in the following case:
- To measure your BAC, the officer orders your blood to be tested
- Over a breath test, you voluntarily and freely choose a blood test
Do You Need Help Because of a DUI Charge?
You can count on The Jackson Bibby Awareness Group to supply you with mentoring, counseling, and classes if you are a multiple DUI offender or a first-time DUI offender. We have been looking after the needs of the community and our clients since 1981. We will introduce you to the negative effects of driving under the influence where the community, your family, and you are concerned. So you can get your driver’s license back, we will ensure compliance by collaborating with both the courts and the DMV.
Contact our Barstow office at 760-256-6114, our Victorville office at 760-241-3300, or our Redlands office at 909-792-6925.
Recent Comments