Criminal Defense in Ventura County
Can I Refuse a Preliminary Alcohol Screening (PAS) Test?

Can I Refuse a Preliminary Alcohol Screening (PAS) Test?

After a DUI arrest, California’s “implied consent” law requires all suspects to submit to chemical testing to determine blood alcohol content (BAC) or the amount of drugs in the person’s system. The suspect is generally allowed to choose between a blood, breath, or urine test.

Refusing to perform a chemical test after arrest results in a one-year license suspension. Refusing a chemical test for a second time or having a DUI conviction on your record within the past 10 years—can lead to a two-year license suspension.

However, this law doesn't apply to tests being given prior to arrest. A voluntary “preliminary alcohol screening” (PAS) test—typically administered with a handheld breathalyzer--is often used to obtain probable cause.

If you do agree, however, to take a PAS test, the results can be used against you in court.

At Wilfert Law P.C., our Ventura DUI attorneys utilize their former careers to your advantage. When you retain our legal team, we do not hesitate to take swift action and do everything we can to obtain a favorable outcome.

If you have been arrested for a DUI in Ventura County, contact us and schedule a free consultation today.