A police officer who initiates a traffic stop for any reason may automatically try to figure out what’s going on with the driver. There are times when the officer may notice signs of impairment, such as smelling alcohol on the driver’s breath or hearing them slurring words.
When there are signs that a driver is intoxicated, the officer will try to determine if that is the case. They can do this by asking the individual to take a sobriety test or a chemical test. One chemical test that’s possible is a roadside breath test, which is known as a preliminary alcohol screening (PAS) device. Even if the PAS device shows a result consistent with impairment, that result can’t be used in court because it’s not considered reliable enough.
What happens if a PAS device indicates impairment?
If a PAS device indicates impairment, the officer may take the individual to have a more reliable chemical test done. These include urine, blood or stationary breath tests, all of which are considered reliable enough to be used in a drunk driving case.
The primary difference between the roadside and stationary breath tests is that the roadside model isn’t mobile, which means that it may not always be properly calibrated. A stationary model is more likely to be calibrated correctly, and this can be verified through the calibration records that are required.
Everything that happens from the traffic stop throughout the criminal justice process can have an impact on a defendant’s case. Working with someone familiar with drunk driving cases may be beneficial for these individuals.
