Wednesday, September 3, 2008

Preliminary Alcohol Screening (PAS) Tests

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.

Monday, September 1, 2008

CA Bay Area Labor Day DUI Arrests Down

It is September 1, 2008, and the news reports show that one (1) person has been killed with alcohol related driving. This is the same as last year. Over-all, however, police have arrested fewer people for Driving Uner the Influence (DUI) this year as opposed to last year. This year, so far, there have been 209 people arrested for being allegedly DUI. Last year at this time the police had arrested 246 people. You think think the high oil prices had something to do with people not driving this much this year?
However, the weekend dragnet is still out there, so if you drink and drive, make sure you read the tips section of my webstie at www.number1duioffice.com and protect your Constitutional rights. You might upset MADD, but then they have an over-tone of Communism, so who cares. After all, this is America.