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. A second refusal—or if you had a reckless driving or DUI conviction within the past 10 years—can lead to a two-year license suspension.

On the other hand, the implied consent law does not require drivers to submit to chemical testing BEFORE a lawful arrest. In order to establish probable cause, an officer may ask a driver to take a voluntary “preliminary alcohol screening” (PAS) test—typically administered with a handheld breathalyzer. Keep in mind, only drivers who are under 21 years of age or currently on DUI probation are required to take a pre-arrest PAS test.

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

At The Law Offices of Jarrod M. Wilfert, 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.