DUI Tests Are Dangerous Traps And Power Secrets Now
Video Transcript
In California, field sobriety tests and the PAS breath test before arrest are optional, and officers often do the PAS after other roadside tests. Refusing these pre-arrest tests can limit evidence, but drivers 21+ still must take a chemical test after a lawful DUI arrest or face penalties. This article explains the sequence, risks, and defenses in San Bernardino County DUI cases.
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.”