This Labor Day weekend will likely be the last big summer party of the season. After attending a party, if an officer pulls you over to the side of the road, indicates through questioning that you are suspected of being a drunk driver, and requests that you submit to a PAS (preliminary screening alcohol) test, this scary moment and the decision you make on whether or not to take the PAS test can have lasting legal consequences. If you know the legal consequences of refusing the PAS test or submitting to it in California before you are pulled over as a drunk driving suspect, you will be in a better position to decide whether to submit or refuse to submit to this roadside test.
It depends on your age whether there will be likely legal consequences if you refuse to submit to a roadside PAS (preliminary screening alcohol) test in California. If you are under age 21, there will be consequences. But, if you are over age 21, there will likely not be legal consequences for refusing the PAS test prior to arrest.
But if you are 21 or older, there will be legal consequences if you refuse to submit to chemical tests AFTER you are arrested for DUI (driving under the influence) because when you obtain your California Driver’s License you impliedly consent to take these tests if you ever arrested for DUI.
If 21 or older, it might be helpful if you can estimate whether your blood alcohol level is rising or falling. If you have recently had a drink, your blood alcohol level may be rising and the PAS test might have a lower number while you are roadside than the later chemical tests taken at the station. Thus, the PAS test could help you if you only had a small amount to drink because it may show you are under the legal limit of .08. But if you had your last drink hours earlier, your blood alcohol content (BAC) will likely be falling and by refusing the PAS test, it may take another hour to get you to the station where the required chemical tests are located, and your blood alcohol level will have diminished further by that time. If you believe that you are in a situation with a falling BAC level, it might be better for you to refuse the initial PAS test if you are at least 21 years old, but tell the officer that if you are arrested for DUI, you will submit to chemical testing at the station.
If you are under age 21, and refuse to take the PAS test, your CA Driver’s license will be suspended for one year if this is a first offense, a second offense within 10 years can result in a 2-year revocation, and a third or subsequent offense within 10 years can result in a 3-year revocation. The implied consent law (Vehicle Code § 23612) requires drivers who are under 21 to submit to the initial PAS screening because when you are under age 21, you cannot have any alcohol in your blood while driving because as someone under age 21, you are not legally entitled to drink alcohol in California.
But many people who have had their driver’s license suspended or revoked based upon a refusal to take a PAS test can still obtain a restricted California driver’s license upon proof of installation of an interlock ignition device and appropriate insurance coverage (SR-22).
Although refusing to take the PAS test is a choice that can have legal consequences, if you take the PAS test, this can also have legal consequences. If the PAS test indicates that you have alcohol in your blood that is over the legal limit, this can be used as evidence in a drunk driving case and your Driver’s license will likely be suspended anyway.
Some choices have long-term consequences no matter which choice you make. It is far better to avoid being placed in the position to have to make this difficult choice by not driving a vehicle if you have had even a single drink and are under age 21. But if you are 21 or older, try to wait a couple hours after you have had that last drink or two at your Labor Day weekend party before driving to allow the alcohol to dissipate from your system. Good luck.
copyright © 2015 Christine Esser
The information contained here is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional counsel. Information on this blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and Christine Esser. An attorney-client relationship is only established when a written retainer has been signed.
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