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.

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