Law enforcement has a number of tests they can use to determine if a motorist has been driving under the influence of alcohol. If you fail these tests, you will likely be arrested and charged with DUI. For this reason, you may try to avoid taking blood or breath tests when you are pulled over for DUI.
However, these tests are not always accurate. In some cases, taking one of these tests could actually help you.
The PAS Test During a DUI Stop
In a preliminary alcohol-screening (PAS) test, law enforcement uses a handheld device to measure your blood-alcohol content level (BAC) through your breath. This test occurs often when people are stopped by police on suspicion of DUI.
The results of this test will help police determine if you are “under the influence” of alcohol, and thus, if they will arrest you.
PAS tests are different from chemical tests that are administered at a police station after you are placed under arrest. It is important to know that PAS tests are completely optional (unless you are under 21 years old or on probation for DUI). So, should you take a PAS test?
Agreeing to take a PAS test is typically only smart if you have not consumed any alcoholic beverages. However, there may be another good reason to agree to take a PAS test.
Rising Blood Alcohol as a Defense to DUI Charges
One of the best defenses to a DUI charge is the rising BAC defense. A PAS test is an important factor in this defense.
If you are arrested for DUI after taking a PAS test, you will be brought to a police station. This takes time. During that time, it is possible that your BAC may have risen. After you drink, your BAC can gradually rise over the next several hours, even if you have stopped drinking.
Let’s say that your PAS tests indicated that your BAC was .08%, which is exactly the legal limit for BAC in California. Then, you are ordered to take a Breathalyzer test at the police station, and the result shows a BAC of .10%
If this happened in your case, your attorney may be able to use this evidence to prove that you were not actually driving while over the legal BAC limit. Your DUI lawyer may be able to show that you were not over the BAC limit once you began driving. Your BAC level may have rose after you were pulled over and continued rising when you were brought into the police station.
An experienced DUI attorney may be able to obtain a favorable result for you by using this defense strategy in your case.
Contact the DUI Attorneys at Wallin & Klarich Today
If you or a loved one are facing DUI charges in California, it is important that you have an experienced DUI lawyer fighting for you. At Wallin & Klarich, our DUI attorneys have over 35 years of experience successfully defending our clients accused of DUI. Let us help you now.
With offices in Orange County, Riverside, San Bernardino, Los Angeles, San Diego, Torrance, Victorville and West Covina, you can find a dedicated Wallin & Klarich DUI attorney near you no matter your location.
Call us at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.