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Articles tagged: Forensic DUI 


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PAS Tests written by Darren Kavinoky
Preliminary Alcohol Screening devices, commonly referred to as PAS tests, are one of the types of field evidence police officers use in determining probable cause to make an arrest. Although officers don’t often reveal this, a person stopped for a DUI is not obligated to take the PAS test, as it is a voluntary test and is not subject to the “implied consent” laws.

Inappropriate Subjects for Breath Testing written by Darren Kavinoky
Although breath testing is widely used to measure blood alcohol content (BAC), it is not appropriate for all people. Breath testing measures the amount of alcohol that is evaporated from the alveolar tissue in the lungs. Breath is expelled from the deepest portion of the lungs, passes through the throat, and then exits from the mouth. However, where residual alcohol is retained in the mouth, the resulting BAC reading will reflect mouth alcohol and not deep lung air.

Forced Blood Draw written by Darren Kavinoky
When a person has been lawfully arrested for a DUI, the Implied Consent provision of the California Vehicle Code mandates that they take a chemical test in order to determine their blood alcohol content (BAC). Although a person may refuse to submit to a chemical test, law enforcement is authorized to take a “forced blood draw.” A forced blood draw can be either the incapacitation of a person by law enforcement officers (physically holding him down) or the threat of doing so, while trained medical personnel draw the blood for use in the later prosecution for DUI.

Evidential Breath Tests written by Darren Kavinoky
Evidential breath tests, commonly known as EBT’s, are the most commonly used breath-testing instruments. These instruments detect ethyl alcohol by infrared spectroscopy.

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