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If a police officer asks me to take a roadside breath test, must I take one?
A "roadside breath test," also called a preliminary alcohol screening test or "PAS," indicates the presence and/or concentration of alcohol based on a breath sample. You will be asked to blow into a breath meter. The purpose in giving this test is to determine if there is enough reasonable cause to arrest you for driving under the influence. The PAS is not nearly as reliable as the Breathalyzer, and is usually not admissible in court. Defense toxicologists, will often state that the PAS is only useful to determine the presence of alcohol, not the quantity.
While you generally may refuse to take the test, your refusal may not stop the officer from arresting you if there is other evidence of alcohol usage that would affect your ability to drive (e.g., slurred speech, bloodshot eyes, clumsiness, poor driving observed). Your refusal might also have other negative consequences, as discussed below.
(Updated August 30, 2007) |
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