The PAS test is a roadside screening tool used to help decide whether to arrest you. The evidentiary breath test is the official test, given after arrest, that is used to prove your blood alcohol level in court. They are two different devices used at two different stages.
The preliminary alcohol screening (PAS) device is a handheld unit an officer uses at the scene. For most adults over 21 who are not on DUI probation, taking it is voluntary. It is treated as one of the field sobriety tests, a way to build probable cause, not final proof of your BAC.
The evidentiary test is different. It is usually a larger, more tightly regulated machine at the station, or a blood draw. Once you are lawfully arrested, implied consent law requires you to take a chemical test, and refusing it carries a one-year license suspension. The result of this test is what prosecutors rely on to charge a per se DUI at 0.08 percent or higher.
Both types of breath tests can be attacked. Calibration, maintenance records, timing, mouth alcohol, and operator error can all undermine a result. Learn how a lawyer can challenge breathalyzer evidence and whether breathalyzer results are accurate.
This is general information, not legal advice, and every case is different. Call Crudo Law at (858) 622-7280 or visit /contact for a free, confidential consultation.