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Understanding the Differences Between Chemical Breath Tests, Blood Tests, and PAS Tests in Orange County, California DUI Investigations – 2024

January 9, 2024

Understanding the Differences Between Chemical Breath Tests, Blood Tests, and PAS Tests in Orange County, California DUI Investigations - 2023

Understanding the Differences Between Chemical Breath Tests, Blood Tests, and PAS Tests in Orange County, California DUI Investigations

Driving under the influence (DUI) is a serious crime in Orange County, California and is punishable by law. Law enforcement officers use various methods to determine whether a driver is under the influence of alcohol or drugs while driving.

Three of the most common DUI tests used are chemical breath tests, blood tests, and PAS (preliminary alcohol screening) tests. In this article, we’ll explain the differences between these tests and discuss the defenses and disadvantages for criminal defendants.

Chemical Breath Tests

Chemical Breath Tests Chemical breath tests, also known as breathalyzers, are the most common tests law enforcement officers use to measure a driver’s blood alcohol concentration (BAC).

A breathalyzer measures the amount of alcohol in a person’s breath. The test is conducted by having the driver blow into the device, and the result is used to determine the driver’s BAC.

Defenses: The accuracy of breathalyzers can be affected by many factors, such as the type of breathalyzer used, how it was maintained, and the operator’s qualifications. As a result, a breathalyzer test can produce an inaccurate result.

Disadvantages: Breathalyzer tests are relatively quick and easy to administer but are less accurate than blood tests. Additionally, a person’s BAC can fluctuate after a breathalyzer test is administered, which can lead to an incorrect result.

Blood Tests

Blood Tests Blood tests are considered the most accurate method of determining a person’s BAC. The test is conducted by drawing a sample of the driver’s blood and then analyzing it for alcohol content.

Defenses: There are several defenses to a blood test, including the accuracy of the test and the qualifications of the person who administered it. Additionally, it’s possible for a blood test to be contaminated or to produce an inaccurate result.

Disadvantages: Blood tests are more invasive than breath tests and require a longer time to produce results. Additionally, blood tests can be more expensive than breath tests.

PAS Tests

PAS Tests PAS tests are a type of breath test law enforcement officers use to determine a person’s BAC.

Unlike chemical breath tests, PAS tests are not admissible as evidence in court. However, officers can use them to determine whether a driver is under the influence and whether they should be arrested and charged with a DUI.

Defenses: The accuracy of PAS tests can be affected by many factors, including the type of device used, how it was maintained, and the operator’s qualifications. Additionally, a PAS test can produce an inaccurate result.

Disadvantages: PAS tests are not admissible in court, so they cannot be used as evidence to support a DUI charge. Additionally, chemical breath tests or blood tests are more accurate than PAS tests.

WHAT SHOULD I DO IF I HAVE A DUI IN ORANGE COUNTY? IS THERE A DUI ORANGE COUNTY LAWYER?

If you or a loved one is a charged with misdemeanor or felony DUI charges in court, you need the criminal defense lawyers at ALL Trial Lawyers by your side. The attorneys at ALL Trial Lawyers are trial attorneys with years of experience.

They know the law and are not afraid to take your case to trial.

In addition, they have a strong reputation among judges and prosecutors throughout Southern California, which has delivered tremendous victories for their clients.

Our ultimate goal is to provide the best results that can be achieved in your case— whether by way of outright dismissal, a favorable plea bargain deal, or an acquittal of the charges at trial.

With ALL Trial Lawyers by your side, you can rest assured that the criminal team will be giving you their all. We are the DUI Orange County Lawyer to call. 

Call (866) 811-4255 right now for your free consultation.

We have an office located near you. We have experience fighting cases in Orange County, Los Angeles County, San Bernardino County, Riverside County, and San Diego County.

If you have been accused or charged of a crime, you must speak with an experienced criminal defense attorney who can help you navigate the legal system and protect your rights. 

Summary and Recap of DUI Tests

In conclusion, chemical breath tests, blood tests, and PAS tests are the three most common methods law enforcement officers use to determine whether a driver is under the influence of alcohol or drugs.

However, each of these tests has its advantages and disadvantages, and criminal defendants need to understand the differences between them to defend themselves against a DUI charge.

According to California Penal Code § 23152(b), it is illegal for a person to operate a vehicle with a BAC of .08% or higher. The consequences of a DUI conviction can be severe, including fines, imprisonment, and license suspension.

If you’ve been charged with a DUI in California, it’s essential to seek the assistance of an experienced criminal defense attorney. An attorney can help you understand the charges against you, explore your options, and build a strong defense.

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This blog post is intended for educational purposes only and is not legal advice. Please seek the advice of a lawyer for all legal advice.

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