In San Diego DUI DMV Refusal cases, sometimes a driver is led to believe the PAS (hand-held Preliminary Alcohol Screening Test) is “the” breath test which the driver is required to do for Implied Consent cases. Attorneys emphasize this is a legitimate concern.
California DMV must try to reconcile the difference between the legally required breath (or blood) test and the optional PAS test!
San Diego Drunk Driving Defense Lawyers may understand the difference but many drivers do not. And San Diego DUI cops don’t always handle it right.
DMV’s Manual says the cop must attempt to resolve any such confusion.
California’s DMV Manual states Tips for the Hearing Officer in an administrative hearing:
“In taking the PAS test, does the driver recall any mention that the test was to assist the officer, but that it could be refused?
Does the driver fail to recall any reference by the officer to the requirement to take a chemical test?
Is the driver trying to raise the defense of “officer-induced confusion,” that “only a PAS test was required”?
It may be necessary to subpoena the officer to resolve such questions.
If the driver was confused, was it apparent to the officer, and did the officer acknowledge and address the confusion, or ignore it?
The officer must attempt to resolve any such confusion.”