Free DUI Lawyer In California

Reader’s Question:

I’m afraid I may just be caught drunk driving here in West Covina, California because I don’t have anyone to drive me home everytime I go out to have some drink. Anyways, my question is, is it true that I can refuse to take the handheld breath test if I am stopped for DUI?

Rebecca

West Covina, CA

Before I go and answer your question, let me just tell you that you can definitely avoid to be caught drunk driving in West Covina, California. The safest way to do that is not to drink at all, but if you really can’t avoid it and you don’t have anyone to drive you home, you can take a cab to get home safe and sound and avoiding a criminal charge. Now, to answer your question, yes you can refuse the handheld breath test if you are stopped for DUI. Unless you are under 21 years old, submission to the Preliminary Alcohol Screening (PAS) is not legally required.

A lot of police agencies are now using the roadside hand held breath-testing device, PAS or more recently, Evidential Portable Alcohol System (EPAS) as an additional field sobriety test (FST). These devices are supposed to give a very rough indication of the driver’s blood alcohol concentration. The PAS units are very unreliable and primitive and are supposed to be used only to aid the officer in making a decision after he has given the other FST’s. But unfortunately, a lot of judges are permitting the results into evidence at DUI trial.