California Criminal Lawyer Blog

A new California law aimed at raising the penalties for DUI will require all people on probation for a California DUI to take a Preliminary Alcohol Screening test (PAS) if lawfully detained for suspicion of a new DUI. If the person's blood alcohol level is .01 percent or greater, it's back to the big house.

Doesn't the state legislature know by now that these roadside PAS tests historically post false results? Do we really need more false convictions using junk science? Must we stuff the courts with violations of the probation condition "do not drive with any measurable alcohol in your system" when those little roadside handheld machines historically read alcohol that isn't there?

Maybe we can get this undone before it goes into effect in 2009? AB 1165 (Maze) will locate its new 0.01 violation in CVC 23154. Look for it in 2009.

Here's the script:

SEC. 5. Section 23154 is added to the Vehicle Code, to read:
23154. (a) It is unlawful for a person who is on probation for a
violation of Section 23152 or 23153 to operate a motor vehicle at any
time with a blood-alcohol concentration of 0.01 percent or greater,
as measured by a preliminary alcohol screening test or other chemical
test.
(b) A person may be found to be in violation of subdivision (a) if
the person was, at the time of driving, on probation for a violation
of Section 23152 or 23153, and the trier of fact finds that the
person had consumed an alcoholic beverage and was driving a vehicle
with a blood-alcohol concentration of 0.01 percent or greater, as
measured by a preliminary alcohol screening test or other chemical
test.
(c) (1) A person who is on probation for a violation of Section
23152 or 23153 who drives a motor vehicle is deemed to have given his
or her consent to a preliminary alcohol screening test or other
chemical test for the purpose of determining the presence of alcohol
in the person, if lawfully detained for an alleged violation of
subdivision (a).
(2) The testing shall be incidental to a lawful detention and
administered at the direction of a peace officer having reasonable
cause to believe the person is driving a motor vehicle in violation
of subdivision (a).
(3) The person shall be told that his or her failure to submit to,
or the failure to complete, a preliminary alcohol screening test or
other chemical test as requested will result in the suspension or
revocation of the person's privilege to operate a motor vehicle for a
period of one year to three years, as provided in Section 13353.1.