People who are pulled over by police officers for suspicion of drunk driving may be asked to take a roadside breath test to determine their blood alcohol concentration (BAC) percentage. When these occur during the traffic stop, they’re done using a preliminary alcohol screening (PAS) device.
While the PAS device can provide valuable information for the police officer, the results can’t be used in court. This device isn’t considered accurate enough to provide information that can be used to convict someone of drunk driving. Because they are portable, they aren’t able to be reliably calibrated.
What BAC results can be used in court?
BAC results from a stationary breath test machine can be used in court because it can be calibrated properly. It’s also possible to use BAC results from urine or blood tests. If these tests show a result of .08% or higher, the person would be considered legally intoxicated.
While it won’t provide a BAC result, it’s also possible for standardized field sobriety tests (SFST) to show a driver’s impairment. Even this has limitations. Only the walk and turn, one-leg stand and horizontal gaze nystagmus can be used in a criminal case. Any other field sobriety tests aren’t admissible in court.
It’s critical for anyone who’s facing drunk driving charges to learn about their defense strategy options. Seeking assistance from someone who’s familiar with these cases may be beneficial, but this should be done swiftly because it’s possible that some options are time-sensitive.