Handheld breath test devices used by the police

[gavinstheboss]

Are the handheld breath test devices used by the police accurate? Can they be used in court.

What if the handheld breath test says you are below the legal limit but the other tests show you are above it, and the police officers don't mention the handheld unit in their police report?

[Amy Morell]

The handheld device is known as an Preliminary Alcohol Screening device - PAS for short. Some courts allow them in, and other courts do not. It depends upon your jurisdiction and whether or not the PAS device meets an Adams foundation.

PAS records can be ordered/subpoenaed to show when it was used.

[Nicholas G. Emanuel]

In several Bay Area counties, the handheld breahalyzer devices used by the local law enforcement have just been revealed to be defective. Accordingly, in many cases they will be found to be inaccurate and not reliable. Contact me for more information if you are interested. San Jose DUI Defense Attorney Lawyer Nicholas G. Emanuel