New DUI Breath Test Laws in California

If you’re on probation for a DUI in the state of California, and you are stopped driving for any sort of reason, such as, improper lane change or speeding, you will be required to take the hand held breath test. This is more commonly referred to as the Preliminary Alcohol Screening (PAS) test. If you are a 0.01% or higher, you will lose your license for 1 full year. If you don’t complete or refuse the breath test, you will lose your license for 3 years.

If you are not on probation for a DUI in the state of California, and you are stopped while driving for any reason, even Driving Under the Influence, you are not required to take the PAS (breath) test (California Vehicle Code Section 23612(i) Department of Motor Vehicles, so it is highly recommended that you don’t. If you were on probation, but the probation ended, don’t take the PAS, just take a blood test. Don’t even take filed sobriety tests or answer any questions about where I was coming from, going, when I ate, slept last, when I started drinking, stopped drinking, how much or what I was drinking. Do not lie to the police, just do not answer the questions. Just take the blood test. Again, make sure you aren’t on probation or parole.

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