Georgia Roadside DUI Breath Test
When you hear about driving under the influence and breath testing, you may assume that only one test is given to determine whether or not you are arrested for DUI. This is not the case. In many circumstances, the officer will ask you to take a Preliminary Alcohol Screening (PAS), or roadside test. This test is used to determine whether or not you have been drinking and if further tests should be conducted.
When roadside tests were first used, it was generally acknowledged that these tests were somewhat inferior and the results from PAS tests were not reliable enough to use as evidence in court. When used as part of a DUI investigation, the officer could only state whether or not the machine detected alcohol. The actual results were not used during a DUI trial.
This has been changing. More and more courts have been allowing the actual results from the roadside test to be entered as evidence. This is a problem, as the PAS is a voluntary test. Many drivers willingly take this test, only to have it used in court against them.
As stated above, the PAS is used by the officer to determine whether or not to make an arrest. This test is not an “implied consent” test, meaning that the driver cannot be charged with refusing to take a chemical test. The officer must explain that the driver is not obligated to take a roadside test, but if he or she is arrested, the driver must submit to a breath or blood test.
It seems that many officers are not informing drivers that the test is voluntary. In fact, may drivers report that they felt forced to take the roadside test, leading to more evidence that the prosecution has on their side.
This issue is made even more complicated due to the addition of the Evidential PAS test, the results of which may be used in court. This test does count as an implied consent test, and is taken on the same machine as the voluntary test. The only difference between the two tests is that for a PAS, the results show up on the screen, while the results for the Evidential PAS print out.
If you have recently been arrested after taking a roadside breath test, it is important that you contact attorney Frank Gomez as soon as possible. He can challenge the results of this test in court.
To contact DUI defense attorney Frank Gomez to protect your freedom, please fill out our form today.
