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Burbank Preliminary Alcohol Screening Tests

Burbank DUI Attorney

DUI suspects in Burbank are generally asked to provide breath samples as part of the Burbank DUI Process on two separate occasions; at the site of the arrest using a portable Preliminary Alcohol Screening ("PAS") device and later at the station on a stationary Breathalyzer machine. Both devices use similar technology to analyze a subject’s breath sample to determine blood alcohol content and provide a numeric result. While the portable PAS device is much smaller than the bulky Breathalyzer machine and is carried by nearly all officers on DUI patrol in Burbank, it is generally understood to be the less reliable form of breath testing for a variety of reasons.

The PAS device was designed with portability in mind. When it was first used by law enforcement, the PAS device could only be used to show the existence, but not the level, of alcohol in one’s system. PAS results can be affected by a number of external factors, including temperature, weather conditions, and how the device has been handled. In most cases, the PAS test is used by law enforcement officers in Burbank as the last step in a DUI investigation before making the decision to arrest a DUI suspect.

While PAS results were previously not allowed to be introduced as evidence in DUI cases, courts loosened the restrictions on PAS tests results. This is mainly due to the introduction of the Evidentiary PAS (“E-PAS”) device, which is a PAS device equipped with a small printer that can immediately provide evidence of PAS result readings.

For most drivers, the PAS test is an optional test that is not required. The PAS test is mandatory for drivers who are already on DUI probation or for drivers under the age of 21. Law enforcement officers may tell DUI suspects that the PAS is mandatory or that failure to take the PAS test would result in an automatic loss of license, however this is not true for drivers who do not fall under one of the specified exceptions.

The reason that the PAS test is required for Burbank drivers who are under 21 or who are on DUI probation is that these drivers cannot drive with any measurable amount of alcohol in their system. Because the PAS test is the only form of chemical testing that can be conducted right at or very close to the time of driving, it is permitted to show that someone subject to zero tolerance restrictions drove with low levels of alcohol in their system.

Even though the PAS test is not required, those who do take a PAS test must remember that doing so does not satisfy their obligation to submit to formal chemical testing, specifically the Breathalyzer or blood test. If these drivers take the PAS but refuse further testing, they could actually be charged with DUI under California Vehicle Code Section 23152(a) VC in addition to the refusal allegation, which adds penalties and triggers a year-long license suspension.

There are times when PAS test results can actually come in handy in crafting a successful Burbank DUI defense. If the results of the PAS test and Breathalyzer test vary widely, there would be an argument that one or both of the devices was faulty at the time of the arrest. In addition, PAS results may prove that a DUI defendant was experiencing a rising blood alcohol at the time they were arrested and subsequently tested. When a person drinks alcohol, it is absorbed into his or her body over time and the blood alcohol level rises slowly, plateaus and then falls. If the PAS test results are at or close to the legal limit (0.08) and the subsequent chemical testing results are higher, there is a strong argument that the driver was experiencing a rising blood alcohol and was actually under 0.08 at the time of driving. Alternatively, if the PAS results show a falling blood alcohol, this may ultimately harm a DUI defendant in Burbank.

If you have been arrested for a Burbank DUI offense, it is critical that you speak with an established and experienced Burbank DUI attorney as soon as possible. Burbank DUI Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience, including a rotation as a Senior Trial Prosecutor at the Burbank Courthouse. Mr. Kraut is highly respected throughout the Burbank legal community for his extensive knowledge of DUI practice and procedure.

For more information about Burbank PAS tests, and to schedule your free consultation, contact Burbank DUI Defense Lawyer Michael Kraut at the Kraut Criminal & DUI Lawyers located at 2600 West Olive Avenue, 5th Floor, Burbank, CA 91505. Mr. Kraut can be reached 24/7 at 888-334-6344 or 818-563-9810.


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Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
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I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
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Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
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Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
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Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.
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