DWI Information
A "roadside breath test," also called a preliminary alcohol screening test or "PAS," indicates the presence and/or concentration of alcohol based on a breath sample. You will be asked to blow into a breath meter. The purpose in giving this test is to determine if there is enough reasonable cause to arrest you for driving under the influence. While you generally may refuse to take the test, your refusal may not stop the officer from arresting you if there is other evidence of alcohol usage (e.g., slurred speech, bloodshot eyes, clumsiness) that would affect your ability to drive. Your refusal might also have other negative consequences, as discussed below.
DWI Information
Drunk driving, sometimes called driving while intoxicated (DWI) or driving under the influence (DUI), has two meanings: Driving with a blood alcohol level over the state's maximum permissible blood alcohol limit. The limit for adults is either 0.08% or 0.10%. As of October 2000, the following 19 jurisdictions used the 0.08% standard to define drunken or impaired driving: Alabama, California, the District of Columbia, Florida, Hawaii, Idaho, Illinois, Kansas, Kentucky, Maine, New Hampshire, New Mexico, North Carolina, Oregon, Texas, Utah, Virginia, Vermont, and Washington State. All other states used 0.10% except Massachusetts and South Carolina which do not use numerical limits.
DWI Answers
In most states, there are three ways of determining how much alcohol you have in your system: breath or blood (and in 8 states, including California, urine). Usually, you can choose which test you want to take. If you choose breath, you will blow into a machine called a Breathalyzer that will determine the blood alcohol in your breath. Many jurisdictions permit you to have a second test and/or a blood or urine test. This is because a breath sample is not saved and so cannot later be re-analyzed by the defense. |
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