What should I do if I’m pulled over and asked to take a Breathalyzer test?

If you are pulled over in California and asked to take a Breathalyzer test, it is important to understand your rights. In California, there are two different types of Breathalyzer tests. The first type, a Preliminary Alcohol Screening (PAS) test, is administered on the side of the road. This is a non-evidentiary test, meaning it is not admissible in court, and you can decline it without risking any legal consequences. The other type of Breathalyzer test is an evidentiary test which is administered at a police station. You must submit to this type of test, as California operates under an "implied consent" law which means that by driving in the state, you are giving implied consent to be tested for alcohol or drugs. Refusal to take this test is illegal, and punishable with fines, license suspension and even possibly jail time. If you are asked to submit to the PAS test on the side of the road and you decline, the officer may decide to arrest you anyway, even without proof of your blood alcohol content. If this occurs, it is important to remain calm and respectful and to ask to speak with an attorney. It is also important to remember that if you are arrested on suspicion of DUI, it is not an admission of guilt and you are not obligated to answer any questions until an attorney is present.

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What should I do if I’m pulled over and asked to take a Breathalyzer test?

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