Refusing a PAS Test in a DUI Arrest

24 August 2012

Drivers are required to submit to either a blood test or a breath test when arrested on suspicion of driving under the influence.  Refusal to do so will result in an automatic license suspension without the possibility of getting a restricted license.  Your refusal can also be used as evidence of your guilt in your DUI case.

The breath test is often confused with the PAS test.  PAS stands for preliminary alcohol screening test.  This is usually the Breathalyzer test given to you at the scene of the arrest.  The officer will tell you that the breath test is a preliminary alcohol-screening test.  If you are 21 years of age or older, you may refuse this test without consequence.  If you are under 21, you may not refuse the test.

If you refused the PAS test, the officer will then detain you and ask whether you want to submit to a required breath test or a blood test.  Officers will usually threaten you to take the PAS test or they will arrest you.  Understand that the officers will usually already have decided to arrest you regardless of the outcome of the PAS.

If you were arrested for driving under the influence, call the Law Offices of Nam Q. Doan | OC Legal Defense today at (714)248-DOAN(3626).  I will explain to you your rights and fight to get your charges dismissed.  For more information, visit and read the DUI section.

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