Preliminary Alcohol Screening Test (PAS) Refusal.

December 22, 2015

Preliminary Alcohol Screening Test (PAS)If you are investigated for a DUI, a police officer might ask you to submit to a preliminary alcohol screening test (PAS test).  The preliminary alcohol screening test is not required to take.

Will Preliminary Alcohol Screening Test Refusal affect my license?

A refusal to submit to a PAS test should have not any consequences on driver’s license unless you are a minor or a person who is already on probation for drunk driving.  DUI attorney Los Angeles recommends that you do not submit to a PAS test unless you have consumed all of the alcohol shortly before being pulled over – to help establish a rising blood alcohol level defense.  Simply, if you consumed all of the alcohol minutes before being pulled over, the PAS test should show a low alcohol level.  The subsequent post arrest chemical alcohol test will show a higher blood alcohol level and will establish a rising blood alcohol defense.  A rising blood alcohol defense is one of the most successful defenses used by Los Angeles DUI attorneys in fighting DUI cases in court and the DMV.

Vehicle Code Section 13353.1 explains that minors and persons who are on probation for a DUI can not refuse to submit to a breath alcohol test.  A refusal to submit to preliminary alcohol screening test test will have terrible consequences for drivers who are minors. The consequences have to do with driver’s license only and are determined by the DMV and not by the court.  A refusal to submit to a chemical test can have consequences in the court system, however, here, we are focused on the administrative consequences for drivers – decided by driver’s safety offices within the DMV.

Minor are those drivers who are not allowed to consume alcohol and, for purposes of drinking and driving, considered anyone who is under the age of 21.  A minor who with a refusal to submit to a PAS test will have his or her license suspended for one year if there are not prior offenses or have the license revoked for 2 years if he has a one prior DUI related offense within the past ten years.  Further, a minor who refuses to submit to a PAS test and he has two prior DUI offense will have his license revoked for 3 years (CVC 13388).  If you are a minor who is charged with a DUI related offense you need help of an experienced DUI lawyer in Los Angeles.  A refusal to submit to a chemical test will carry especially hard consequences for a minor driver.

The law for a person on a DUI probation is almost identical and a refusal to submit to a chemical test will cause a license suspension for one year.  If a person who is on DUI probation have a prior DUI related offense, he will face a driver’s license revocation for a period of two years.  A two or more prior DUI related offenses for a person who is on DUI probation will cause a license revocation for three years.

A prior for and administrative finding by the DMV is any of the following: 01% Minor infraction DUI (CVC 23136); wet reckless; .05% Minor DUI (CVC 23140); DUI (CVC 23152); DUI with injuries (CVC 23153); Vehicular Manslaughter (California Penal Code 191.5 and 192.5(a)); Previous DMV finding of refusal to submit to a test (CVC13353); Previous DMV finding of driving with a BAC equal or higher then .08% (CVC 13353.2).

If you or loved one is charged with any DUI related offenses or is accused of refusal to submit to a PAS test, please call Los Angeles DUI attorney any day of the week.  We are waiting for your call.  We offer competitive prices while providing quality representation.

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