California Drunk or Impaired DUI Law for the Public
Specialist Member Donald Drewry demonstrates the Alco IV
Darryl Genis, Specialist Member of this association, demonstrates a flaw in the field breathalyzer used by the police and CHP to test motorists when stopped - this is the preliminary breath test that is mandatory for persons under 21 years if suspected of drinking alcohol underage or as minors.
Remember that the California Vehicle Code states that persons 21 years or older DO NOT HAVE TO TAKE THIS TEST - unless of course you've agreed to because of another conviction or prior offense - see our other article about people on probation or under 21 years.
California Vehicle Code 23612 states,
(h) A preliminary alcohol screening test that indicates the presence or concentration of alcohol based on a breath sample in order to establish reasonable cause to believe the person was driving a vehicle in violation of Section 23140, 23152, or 23153 is a field sobriety test and may be used by an officer as a further investigative tool. (i) If the officer decides to use a preliminary alcohol screening test, the officer shall advise the person that he or she is requesting that person to take a preliminary alcohol screening test to assist the officer in determining if that person is under the influence of alcohol or drugs, or a combination of alcohol and drugs. The person's obligation to submit to a blood, breath, or urine test, as required by this section, for the purpose of determining the alcohol or drug content of that person's blood, is not satisfied by the person submitting to a preliminary alcohol screening test. The officer shall advise the person of that fact and of the person's right to refuse to take the preliminary alcohol screening test.
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