California law requires any person, as a condition of obtaining a California drivers license, to submit to their choice of a chemical test, either breath or blood it stopped by the police on suspicion of driving under the influence of alcohol and/or drugs.
When this law when it was enacted many years ago was talking about a breath test subsequent to a driver's arrest on suspicion of driving under the influence of alcohol or drugs or the combined influence.at that time, for instance, there was only a breath test administered at the police department. Now, drivers are frequently asked at the scene of their stop, too blow into a preliminary alcohol screening device, commonly known as a PAS TEST. This screening device, currently being used by the majority of police departments in Los Angeles has been determined by Los Angeles DUI defense lawyers to lack the accuracy it purports to have.
This test is not required by law, and is used by law enforcement to screen once blood-alcohol level prior to the test at the station, or a blood test typically drawn at a local hospital. Officers rarely, accurately advise drivers stops for DUIs that this test is optional, and not required by law.
Failure to submit this to a preliminary alcohol screening test, has no negative legal consequences, compared to failing to submit to a breath or blood test which includes mandatory jail time and substantially increased license suspension potential.
Another example of commonly misunderstood legal requirements are the field sobriety tests for coordination which are administered two suspected drunk drivers to determine their level of impairment by their performance on a series of coordination and mental acuity. All police officers are trained at the Academy to instruct and evaluate suspected DUI drivers. It's interesting to note since our firm has specialized in DUI defense for over 30 years, that after reading thousands of arrest reports, that they were here to be similar line which like red watery eyes, slurred speech, present in nearly all of these reports.
Drivers are commonly told, that if they pass these fields writing tests they will be free to go. The majority of suspected DUI drivers thinking they are not there submit to these tests, and ultimately build evidence against themselves, since rarely have I seen a driver pass.
It may surprise you, that these field sobriety tests are not mandatory, but are completely optional. There are no negative legal consequences for refusing these tests.
