Attorney Kirk Tarman Explains The Use Of The Preliminary Alcohol Screening (PAS) Pen At A DUI Arrest

Ray Hrdlicka – Host – Attorneys.Media

“Field sobriety tests, they’re walking, counting, etc. Do they administer the PAS after that? Or do they skip that and go right to an arrest?”

Kirk Tarman– DUI Criminal Defense Attorney – San Bernardino County, CA

“Yeah, they usually do the preliminary alcohol screening test after they’ve done all of those other field sobriety tests. I don’t really know why. They all fall in the same category of optional field sobriety tests, but the PAS, which we call it, they always do it after they’ve done all the other ones. And I’m not sure. I think it’s potentially because they’re afraid the PAS will scare the person away from doing any of these other tests.

So, they’re all, ‘oh, no, you blew 0.12’, and the guys, ‘I’m not going to do any more tests’. So, I think they wait until the end, because they’re really…all those things, are them building their case. It’s all about building their case.”