Friday, June 8, 2012

Can DMV use the results of a Preliminary Alcohol Screening ("PAS") Test [hand-held breath test gadget] in an excessive BAC DUI administrative hearing action against San Diego drivers, attorneys are asked?

When folks may lose their driver's license based on a hand-held gadget number, that is pushing it. Especially when the numerical result is not necessarily reliable or trustworthy. California DMV knows this. San Diego DUI attorneys know this, too and provide valuable resources to assist other criminal defense lawyers and drivers in California facing a possible loss of driving privileges.

The teaching DMV Manual tells hearing officers what to do to try to lay a foundation fo the admission into evidence of the PAS number in a California or San Diego Preliminary Alcohol Screening (PAS) Test. These actions are only mentioned by DMV as applying to (1) minors or (2) those folks on California DUI probation.

The article publishing the DMV manual on PAS tests is set forth on the website of San Diego County DUI Law Center. This manual does not refer to any right of a hearing officer at DMV to use the PAS results in actions when the driver is more than 21 years old, San Diego DUI Lawyer Rick Mueller points out. So criminal defense attorneys throughout California have the right to object to any DMV attempt to use the PAS number in an over 21 administrative hearing excessive BAC case.