Ray Hrdlicka – Host – Attorneys.Media
“What are those evidentiary tests that you just mentioned. And I assume those occur at the police station or the jail. Am I right?”
Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA
“Generally speaking, there are some jurisdictions that do have evidentiary breath tests they can do out on the street, but it just depends on the device. They are a little bit more standardized; they have a little bit more calibration background, they follow certain rules, they have better slope detectors and things like that. So there’s these devices that they can do on the street, which are considered evidentiary, but generally speaking, they are done at the station.
And there’s a big difference. And I’ve had people make this mistake, between the optional field sobriety tests, which include an optional preliminary alcohol screening test, which is a breathalyzer. And then after the police officer believes it has probable cause to arrest you, then this new…California vehicle code, 23612 kicks in, which says that you have agreed to, when you’re driving your car, you have agreed to taking one of these evidentiary tests, if a police officer believes you’re under the influence of alcohol or drugs. And then you are obligated to either take those tests, the blood or the breath test, or your license can be suspended for one year, almost automatically through the DMV.”
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