A PAS test (Preliminary Alcohol Screening) is a roadside test used by law enforcement officers to measure an individual’s blood alcohol concentration (BAC). This test is usually conducted using a breathalyzer device. However, the PAS test results aren’t as accurate as those of evidential breath test (EBT) machines.
According to a Fort Myers DUI attorney, you shouldn’t fear the PAS test results because you can challenge the results later. A DUI attorney can use various legal tactics against the results and help defend you against DUI accusations. Here is what you should know about the PAS test in Florida and how to deal with it.
Refusing a PAS Test in Florida
Some drivers refuse the PAS test out of fear of getting arrested. But, if you refuse the PAS test, you might face an administrative license suspension even if you don’t get convicted of a DUI.
Although your driver’s license won’t be suspended for too long, there are other negative consequences. For example, your refusal can be used against you in court proceedings, as the prosecutor will argue that your refusal is a clear indication of guilt.
Even if you refuse the PAS test, law enforcement officers can request other chemical tests. If you refuse those as well, you will face the aforementioned consequences and even criminal penalties should your DUI conviction pass.
Challenging a PAS Test
Since refusing to take a PAS test comes with too many negative consequences, the best thing to do is take it because you can question the accuracy of the PAS test later. These tests aren’t that reliable because the devices used need special calibration, and the user must be experienced in handling them. Not to mention that environmental conditions can affect the test results.
If the PAS test results aren’t in your favor, your DUI attorney can challenge the PAS test results in various ways. It’s important to note that law enforcement officers cannot administer a PAS test without probable cause. The test results can be challenged if the officer didn’t follow standard procedures or had no probable cause.
In other situations, you can challenge the admissibility of the test results because your constitutional rights were violated when the test was performed or because you suffer from medical conditions that might have influenced the PAS test results.
PAS Test Formality
The PAS test and field sobriety tests (FTSs) are standard procedures used by law officers to assess if there is probable cause to arrest a driver for DUI. However, the results from these tests can be contested and aren’t a final determining factor in proving intoxication.
If you face DUI allegations in Florida, you should act swiftly and contact a DUI lawyer right away. No matter what PAS test results you receive, this isn’t the end of your case. A DUI lawyer can challenge the results of the tests, analyze your case and create potential defenses to reduce your sentence or get the charges dismissed altogether.
