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If you are stopped on suspicion of DUI in California, you may be asked to take more than one type of breath test. The consequences of refusing a test depend on which test is being offered and whether you have been lawfully arrested.
Two Different Breath Tests
There are two different breath tests that may be offered during a DUI investigation, and each has different legal consequences.
The first is the Preliminary Alcohol Screening (PAS) test, which is generally offered during the roadside investigation.
The second is the evidentiary chemical test, which is offered after a lawful DUI arrest.
Preliminary Alcohol Screening (PAS) Test
The Preliminary Alcohol Screening (PAS) test is generally treated as part of the field sobriety testing process.
For drivers 21 years of age or older, this roadside breath test is voluntary and may be refused.
Field sobriety tests, including the PAS test under these circumstances, are separate from the chemical test required after a lawful arrest.
Chemical Test After a Lawful DUI Arrest
Once a person has been lawfully arrested for DUI, the speaker explains that officers will offer an evidentiary blood test or breath test.
Drivers are required to complete one of these chemical tests under California's implied consent laws.
Refusing the post-arrest chemical test may result in the California Department of Motor Vehicles (DMV) revoking a person's driver's license for one year, regardless of the eventual chemical test results.
Search Warrants for Blood Testing
If a person refuses the required post-arrest chemical test, law enforcement may seek a judicial warrant authorizing a blood draw.
This could result in law enforcement obtaining a blood sample while the driver also faces the consequences associated with refusing the chemical test.
Understanding the Difference Matters
The roadside Preliminary Alcohol Screening (PAS) test and the post-arrest evidentiary chemical test are governed by different rules.
Understanding which test is being requested and the legal consequences that may follow can be an important part of navigating a California DUI investigation.
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