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Articles Posted in Breath Test

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Breath Or Blood Test Results Below A .08%, But Still Charged With DUI?

San Diego law enforcement pulled you over on suspicion of drunk driving. They conducted a DUI investigation and then arrested you for driving under the influence. The police should have advised you that you must submit to a breath or a blood test per the implied consent law. If your…

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Breath Test Then Admonishment, Should I Take The Blood Test Too?

Drunk driving investigations often include the officer asking the suspect if they will submit a breath test in the field. This test is called a PAS, or preliminary alcohol screening, test which measures your blood-alcohol content. It is another field sobriety test, or FST, that the officer uses as a…

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BAC: What Is It And How Does It Affect My DUI Case?

BAC is an acronym that stands for blood alcohol content or blood alcohol concentration. It is the percentage of alcohol that is in your blood at the time of the test. According to the National Highway Traffic Safety Administration, the higher your BAC, the more impaired you are. In California,…

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PAS Test: What Is It And Am I Required To Take It?

A PAS test is an acronym for preliminary alcohol screening test. This is a breath test that is conducted at the roadside before a person is arrested for drunk driving. The test is done on a portable breath analyzer or breathalyzer. The most common portable breathalyzer used by San Diego…

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Defective Breathalyzers, DUI Cases Could Be Dismissed Or Overturned

The Alco-Sensor V Breathalyzer, used by law enforcement as a preliminary alcohol screening test (PAS), was recently purchased and put into use in every law enforcement agency in Ventura County to replace the older Alco-Sensor IV model. However, the blood alcohol results from the newer model have been found to…

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Stopped For Drunk Driving, Breath Or Blood Test Results Over .08%, Plead Guilty?

You are pulled over by a police officer suspected of driving under the influence. You take a breath or blood test. The result — .12 (or even higher). You are over the legal limit of .08% blood alcohol content (BAC) and you are arrested and charged with Vehicle Code Section…

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DMV’s License Suspension Set Aside, Breath Test Inaccurate

The California Department of Motor Vehicles (DMV) suspended Derek Brenner’s license after he gave a breath sample that read .08 percent blood alcohol concentration (BAC). However, Mr. Brenner challenged this ruling and won, according to the San Francisco Chronicle. During the DMV Hearing, he presented a forensic toxicologist’s report that…

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California Court of Appeal Rules Evidence of a Refusal to Submit to a PAS Test is Not Admissible.

The California Court of Appeal ruled in People v. Jackson that the trial court incorrectly allowed evidence in at trial that the defendant refused to take a preliminary alcohol screening test (PAS). Defendant was arrested and was subsequently on trial for driving under the influence, DUI, in violation of Vehicle…

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