Roadside breath tests are used to measure the blood alcohol content and give probable cause to make an arrest, however, these tests are flawed and not always accurate.
There are two types of roadside breath tests used in California. The Preliminary Alcohol Screenings (PAS) or Preliminary Breath Test (PBT) are voluntary screening tests and officers are required to tell the motorist that it is voluntary because of the “implied consent laws” but some officers ignore this responsibility. In recent years, courts started allowing the numeric results of PAS tests, whereas before, the only evidence that can be used in trial was that the PAS test indicated alcohol but did not say the numerical result. After the adding of the Evidential PAS test, “E-PAS”, a mandatory second test has to be given on the same machine that was used for the first voluntary test. The second mandatory test allows the results to be printed and can therefore be used in court. Because breathalyzers only estimate BAC indirectly by measuring the amount of alcohol in someone’s breath, a blood sample is required to directly measure blood alcohol concentration.
If you have been arrested for a DUI contact Sacramento DUI attorney Dionne Choyce for your free consultation now to protect your legal rights. Call (916) 449-9910 for free consultation now.
Like the field sobriety tests, there are imperfections in the PAS test. One such problem is that the PAS machine cannot analyze the difference between alcohol molecules in the deep lung air or the molecules that have been trapped in the mouth due to dental work or food traps. Another problem is that the PAS test does not measure breath temperature. Someone’s breath temperature can change due to sickness or participating in sports activities, which alters and increases the alcohol percentage.
If you have been arrested for a DUI contact DUI attorney in Sacramento Dionne Choyce for your free consultation now to protect your legal rights. Call (916) 449-9910 for free consultation now.
