The new DMV Driver Safety Manual outlines what the State of California considers to be pertinent with regard to so-called DUI “objective symptoms” and “field sobriety tests” (aka acrobatics). San Diego DMV defense attorneys can use the San Diego County DUI Law Center’s new Article with excerpts on symptoms and FST’s.

As a bonus, there are DUI lawyer links pointing out some of the well-known problems with subjective symptoms and lack of reliable & trustworthy field sobriety tests and gymnastics used in San Diego California.

Unless under 21 years of age, DMV cannot use the hand-held PAS breath test gadget results in the street against the driver. It is just an FST. According to California DMV and state statute, a San Diego cop must tell driver the PAS breath test is optional or can be refused.

Here’s the excerpt from the new Manual & Article:

“12.062 Preliminary Alcohol Screening Test as a Field Sobriety Test

If a driver is age 21 or older and the peace officer has a reasonable cause to believe the person was driving under the influence of alcohol, 0.08% BAC or more or if operating a commercial motor vehicle 0.04% BAC or more, a Preliminary Alcohol Screening (PAS) test is optional and can be used as an PST.

The peace officer must admonish the driver that taking a PAS test does not satisfy implied consent obligations and that the PAS test can be refused when requested as an FST.

The results of a PAS test administered as an FST cannot be used as evidence of driving under the influence. The test is assigned no more weight than any other FST. There must be other sufficient evidence to establish the intoxication sub-issue.”

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