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About “PAS” Breathalyzer Tests
In the state of California, it is illegal for an individual to operate a motor vehicle with a BAC or blood alcohol concentration or 0.08 percent or higher. To determine if a driver was operating a vehicle under the influence of alcohol, law enforcement officers typically offer to administer a breathalyzer test prior to arrest. This test is referred to as a “PAS” test and it often inaccurately measures a breath sample. The PAS test is optional, and you are not required to take that test. We strongly encourage you NOT to take a PAS test. Even if the tests results show a driver has a BAC lower than a 0.08 percent, police often still take the subject into custody and use the results against the driver in court. If arrested, drivers have the option of taking an evidential breath test or a blood test. If the driver refuses to submit to one of these tests, he faces additional penalties both in court and with the DMV.
At The Law Offices of Todd Landgren, we offer comprehensive legal services to each of our clients and specialize in defending against drunk driving charges. Catering to clients throughout Orange County, The Law Offices of Todd Landgren have helped thousands of people charged with DUI successfully defend against the charges in court and with the DMV, resulting in lesser charges or outright dismissal, even in instances when the driver refused or failed a breathalyzer test.
Don’t face the possibility of losing driving privileges or being incarcerated alone. We provide sound legal advice and representation both in court and at the DMV.
Challenging Breathalyzer Tests
What’s not widely known is that breathalyzer tests are notoriously prone to operator error and these machines are adversely affected by many other factors, making their ability to produce accurate readings unreliable. For example, a breathalyzer must be continually calibrated and well maintained according to strict standards set by The State of California. Should a law enforcement officer handle the machine negligently, or without proper care, this may call in question any results derived from the machine.
In addition, there are other factors which can negatively impact the accuracy of a breathalyzer device, such as improper administration of the test by law enforcement, or radio interference, which is a common source of bad readings. By evaluating and investigating each case on its own merits, an Orange County breathalyzer tests attorney at The Law Offices of Todd Landgren can determine the viability of challenging a breathalyzer test.
Hire an Orange County Breathalyzer Tests Attorney
The state of California enforces what is known as an “Implied Consent” law, which requires a driver arrested for operating a motor vehicle under the influence to submit to a breath or blood test. Refusal to comply with the implied consent testing after being arrested can result in suspension or revocation of the individual’s driver’s license for drastically longer than testing over the limit alone. To get the help of an experienced Orange County breathalyzer tests attorney today, contact the Offices of Todd Landgren.