Two breath tests

Two breath tests

Question:  I was arrested for a DUI the other night.  At the time of my arrest I was very nervous and because I was so nervous I was not thinking clearly.  What I can’t figure out is why the officer had me blow in to two different breath machines?  Was the first one low, and so he gave me another breath test after because the first breath test was below a .08?  Why else would the cop have be blow into two different breath machines?
First when I was outside of my car the cop gave me a breath test.  Then he arrested me for DUI in Van Nuys, then made me do another breath test after that.  What was the point of the second breath test if he already arrested me for DUI?

Answer: The first Breath test for DUI, called a Preliminary Alcohol Screening test (P.A.S. test) is to determine if there is alcohol in your system, as part of a field sobriety test. These are generally smaller hand held devices, such as the Alco-Sensor IV, which is a machine often used by LAPD and CHP in Los Angeles at the time of this article.  Technically, these are not used to determine the actual amount of alcohol in your system, but often prosecutors try to get the P.A.S results into the court proceedings.  And depending on the readings, defense attorneys may try to get the P.A.S. results into evidence at times, either at the DMV hearing, the criminal case, or both.

If you are over 21 years old and not on probation, you do not need to do the P.A.S. test. Once arrested for DUI though, there is an implied consent law that says if you don’t do a breath or blood test, you are deemed to have refused, and can face harsher potential  penalties.

Call me at 818-336-1DUI to discuss further so I can explain in more detail. I regularly handle DUI cases in Van Nuys, CA and would be happy to help you with your case.

Phil Hache,

Criminal Defense & DUI Attorney
Handling DUI and Criminal matters throughout Courts in Southern California including Van Nuys, CA, San Fernando, CA, Burbank, CA Glendale, CA Pasadena, CA Metropolitan Court, Bellflower, CA, Alhambra, CA, Malibu, CA, Compton, CA, Santa Clarita, CA, Airport Court, Chatsworth, CA Inglewood, CA, Los Angeles, CA and other Courts