What Happens if You Refuse a Preliminary Alcohol Screening (PAS) Test in California?
If you’re pulled over on suspicion of driving under the influence (DUI) in California, you may be asked to take a Preliminary Alcohol Screening (PAS) test. Many drivers assume they are legally required to comply, but that isn’t always the case.
Whether you can refuse a PAS test depends on the circumstances, including your age and whether you’ve previously been convicted of DUI. Understanding the difference between a PAS test and a post-arrest chemical test is important because the legal consequences for refusing each are very different.
What Is a Preliminary Alcohol Screening (PAS) Test?
A PAS test is a portable breath test administered at the roadside during a DUI investigation. Officers use a handheld breath-testing device to estimate a driver’s blood alcohol concentration (BAC) before deciding whether to make an arrest.
Unlike the evidentiary breath or blood tests administered after an arrest, the PAS test is considered a field sobriety test for most adult drivers.
Its primary purpose is to help officers determine whether there is probable cause to arrest someone for DUI.
Can You Refuse a PAS Test?
For most drivers who are 21 years of age or older, not on DUI probation, and not subject to another legal exception, the answer is generally yes.
California law generally allows these drivers to decline a roadside PAS test without violating the state’s implied consent law. However, refusing the test does not prevent an officer from continuing a DUI investigation.
Instead, the officer may rely on other evidence, including:
- Driving behavior
- Physical observations
- Statements made during the traffic stop
- Field sobriety test performance
- Witness statements
Who Cannot Refuse a PAS Test?
Certain drivers may be legally required to submit to a PAS test. These may include:
- Drivers under 21 years old
- Individuals on DUI probation who are subject to probation conditions
- Certain commercial drivers in specific circumstances
Refusing a PAS test when the law requires compliance can carry additional legal consequences.
Don’t Confuse a PAS Test with a Chemical Test
One of the most common misconceptions in California DUI law is confusing the roadside PAS test with the chemical test required after an arrest.
After a lawful DUI arrest, California’s implied consent law generally requires drivers to submit to a chemical breath or blood test.
Refusing that post-arrest chemical test may result in significant consequences, including:
- Driver’s license suspension or revocation
- Enhanced penalties if convicted of DUI
- Additional evidence that may be introduced in court
Why Might Someone Decline a PAS Test?
Every DUI investigation is unique, and there is no one-size-fits-all answer. Some drivers decline a roadside PAS test because they:
- Want to avoid providing additional evidence before an arrest decision is made
- Believe the device may not accurately reflect their BAC
- Are unsure of their legal rights
- Prefer to speak with an attorney after the investigation
The decision should always be made based on the specific facts of the situation and applicable law.
Are PAS Devices Always Accurate?
Like any breath-testing equipment, PAS devices require proper maintenance, calibration, and operation. Several factors can potentially affect breath test readings, including:
- Residual mouth alcohol
- Certain medical conditions
- Improper administration
- Environmental factors
- Equipment maintenance issues
Can a DUI Attorney Challenge PAS Evidence?
Depending on the facts of the case, a DUI defense attorney may examine:
- Whether the device was properly calibrated
- Whether the officer followed required procedures
- Whether the test was administered correctly
- Whether medical conditions affected the results
- Whether the officer had probable cause for the arrest regardless of the PAS reading
Identifying weaknesses in the prosecution’s evidence can be an important part of building a defense.
What Should You Do During a DUI Stop?
If you’re stopped on suspicion of DUI:
- Remain calm and respectful.
- Provide your driver’s license, registration, and proof of insurance.
- Follow lawful instructions from the officer.
- Avoid making unnecessary statements about drinking or drug use.
- If you are arrested, comply with the legal requirements applicable to post-arrest chemical testing and contact an experienced DUI attorney as soon as possible.
Contact a San Diego DUI Defense Attorney
A roadside DUI investigation can be confusing, especially when officers ask you to perform field sobriety tests or take a Preliminary Alcohol Screening test. Understanding your rights is important but so is understanding what happens after an arrest.
Attorney Rick Mueller has decades of experience defending DUI cases throughout San Diego County. He carefully reviews every aspect of a DUI investigation, from the initial traffic stop to the administration of breath tests, to identify legal and procedural issues that may strengthen a client’s defense.
If you’ve been arrested for DUI, contact Rick Mueller today to schedule a confidential consultation and discuss your legal options.
What Happens if You Refuse a Preliminary Alcohol Screening (PAS) Test in California?