San Diego DUI attorneys are asked if a driver has to blow in the handheld breath test gadget if a cop asks you to or get it out.
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You can refuse the handheld breath test if you are stopped for DUI. Unless you are under 21 years old, submission to the Preliminary Alcohol Screening (PAS) is not legally required, San Diego DUI attorneys point out.
A lot of police agencies are now using the roadside hand held breath-testing device, PAS or more recently, as an additional field sobriety test (FST), San Diego DUI attorneys find out regularly. These devices are supposed to give a very rough indication of the driver’s blood alcohol concentration.
The PAS units are very unreliable and primitive and are supposed to be used only to aid the officer in making a decision after he has given the other FST’s. But unfortunately, a lot of judges are permitting the results into evidence at DUI trial, but San Diego DUI attorneys point out their inadequacies.