A new law goes into effect January 1, 2009 in California. Vehicle Code Section 23154. If you are under 21, you are required to take a Preliminary Alcohol Screening (PAS) test if stopped by the police and they believe that you have been drinking and you are driving. This is optional for people over the age of 21, and in fact, the law requires the police officer tell you that you have the absolute right to refuse this test; they rarely ever tell anyone that, but they will say they did when they get into court. Under the new code, if you are on probation for Driving Under the Influence (DUI), you must take the PAS test or it will be considered a refusal, and your license can be suspended for an additional year. If you blow into the machine, and it registers 0.01% or greater, you will lose your license for one (1) year.
The problem with these machines is that they also detect other substances as alcohol, they are not maintained by a laboratory, generally not maintained according to law, and your driving privilege depends on this piece of junk. I have one in my office and have my clients blow into it and show them how other things, such as white bread or soy sauce, can give readings as if it were alcohol. Next week, I will be doing a video for Youtube showing exactly this.
If you are on probation in California in January of 2009 for DUI, don't refuse the PAS if requested to take, but get a lawyer and fight it. Your Constiutional Rights are being erroded faster than you can imagine, and the only way to protect our Government is to fight the Government's erroneous evidence.
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These Preliminary Alcohol Screening Devices or Preliminary Breath Test (PBT) Devices are far from the evidentary breath test devices which they are claimed to be. Instead of using infrared spectrometry, like evidnetial breath test machines, most of these devices use a fuel cell or other less reliable technology. Like ignition interlock devices, they are susceptible to false positive readings and "mistake" contaminants and other chemicals for breath alcohol.
In Massachusetts there is no penalty for refusing these PAS tests and there is no legal obligation to take them. Given their limitations, that's the way it should be. It seems unfair to force motorists to take these tests, which are less than reliable, and risk being arrested because of a false positive reading.
It seems unfair to force motorists to take these tests, which are less than reliable, and risk being arrested because of a false positive reading.Instead of using infrared spectrometry, like evidnetial breath test machines, most of these devices use a fuel cell or other less reliable technology.
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