You’re driving along an Alaska roadway when a patrol car behind you flashes its red and blue lights. You quickly realize that a police officer is attempting a traffic stop. You pull over, then the officer approaches your window and asks to see your driver’s license, vehicle registration and proof of insurance. The next request catches you off-guard. The police officer asks you to step out of the vehicle, which typically means you’re suspected of DUI.
You must comply when a law enforcement officer instructs you to exit your vehicle. However, if the officer also requests that you take a preliminary alcohol screening (PAS) test, you may decline. This is a roadside breath test, which many people mistakenly believe is the same as a Breathalyzer test, but it is an evidence-based test (EBT). In fact, these two tests are not the same.
A PAS test establishes probable cause of a DUI arrest
The reason a police officer might ask you to take a breath test during a traffic stop is to try to establish probable cause for a DUI arrest. Alaska law defines probable cause as a legal standard that establishes reasonable grounds (determined by facts and circumstances known to the officer) to suspect that a crime has been committed.
In the case of a PAS, if the device detects alcohol on your breath, this information constitutes probable cause that you have been operating a motor vehicle under the influence of alcohol. The traffic officer may then take you into custody for a suspected DUI and issue a chemical Breathalyzer test at the police station.
Difference between PAS and Breathalyzer tests
A PAS device can detect the presence of alcohol on your breath but cannot determine your blood alcohol content (BAC), meaning the amount of alcohol in your bloodstream. A Breathalyzer test, which is an EBT administered after an arrest, is a chemical test device that measures BAC. If your blood registers .08 or higher, you may face a conviction for drunk driving.
Because it is a chemical test that measures the amount of alcohol in your blood, prosecutors may use Breathalyzer test results as evidence against you. On the contrary, PAS results are not evidence to convict, although a prosecutor will likely mention the fact that you failed a PAS test during a traffic stop during a DUI trial.
Penalties for refusing to test
Alaska motorists are under no obligation to take a PAS test during a traffic stop. As a licensed driver, you may also refuse to take a Breathalyzer; however, due to implied consent laws, you will undergo a license suspension for doing so. If proper protocol was not followed during a traffic stop, or you believe EBT evidence was mishandled, you can bring these issues to the court’s attention to request dismissal of DUI charges.
