Saturday, December 24, 2011

New Breath Test Laws in California

If you are on probation for a DUI in California, and you are stopped driving for any reason, such as, improper lane change or speeding, you will be required to take the hand held breath test. This is commonly referred to as the Preliminary Alcohol Screening (PAS) test. If you are a 0.01% or greater, you will lose your license for 1 year. If you cannot complete or refuse the test, you will lose your license for 3 years.
If you are not on probation for a DUI in California, and you are stopped while driving for any reason, even Driving Under the Influence, you are not required to take the PAS test (California Vehicle Code Section 23612(i) Department of Motor Vehicles, so DON'T DO IT!!!! And if you were on probation, but the probation ended, don't take the PAS, just take a blood test. I wouldn't even take filed sobriety tests or answer any questions about where I was coming from, going, when I ate, slept last, when I started drinking, stopped drinking, how much or what I was drinking. I would not lie to the police, I just would not answer the questions. Just take the blood test. Again, make sure you are not on probation or parole.

Thursday, December 22, 2011

Alameda County Sheriff's Have Bad PAS Tests

I recently did a trial in Hayward, California in the County of Alameda. During the trial, a witness from the Alameda County Sheriff's Department testified about the Preliminary Alcohol Screening (PAS) device used in our case. She testified that she had been trained to do the accuracy and calibration checks by her training sergeant. This is a violation of the California Code of Regulations at Title 17, Section 1221.4 which requires that everyone who does accuracy and calibration checks on breath testing equipment be trained by a Forensic Toxicologist, and during the accuracy and/or calibration of any breath machine be under the supervision of a Forensic Alcohol Supervisor or Forensic Alcohol Analyst at a Licensed Laboratory. The Alameda County Sheriff's Department does not follow this State law.
What this means is simply that all PAS test by any Alameda County Deputy is invalid because it has not been properly maintained in accordance with California law. Great isn't it that the Chief Law Enforcement Agency for the County of Alameda, State of California, doesn't follow the law. Typical government. How many people have plead guilty in court after being arrested by the Alameda County Sheriff's Deputies for Driving Under the Influence based on the PAS test that is erroneous???? Find out before you plead if your tests are correct. That is your word for today.