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Can I Refuse a DUI Breath Test at a Traffic Stop?
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45+ Years Criminal Defense

Experience in California

If I am stopped for a DUI and the officer asks me to submit to a breath test at the scene can I refuse that test?

YES-the officer may ask you to blow into a handheld device called a PAS test, which stands for preliminary alcohol screening test. You do not have to submit to this test and in most cases should not do so. However, if you are arrested the officer will then ask you to take a breath or blood test at the police station. You are required by law to submit to one of these two tests at the police station. If you refuse you are facing a one year suspension of your drivers license. The decision as to which test you should take is an important one. However, you cannot refuse to submit to one of these two tests until you speak to a lawyer. IF you have questions about this issue contact our law firm now.


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