The device used most commonly in Sacramento County is the AlcoSensor IV.  Because the district attorneys in this county seem to believe that it is not falible, it is my firm conviction that you should decline to submit to its use, "UNLESS" you are on probation for a DUI or Wet Reckless type offense. (The law as of January 1, 2010 says you must submit to the PAS test if asked to do so by law enforcement, when you are on probation for a DUI or Wet Reckless).  

The device (I own one), like many breath testing devices, may read unfairly high during the absorbtive phase.  It also does not have the mechanics to tell the difference between mouth alcohol and a deep lung sample.  Unless you stopped drinking long before the test and only then if you can be sure that the PAS coordinating officers are properly checking the device for accuracy and properly recording the results, there is little guarantee that the results will be accurate in your case.

The original idea was that the machine was to be used as just another tool to determine if there was alcohol in your system.  It was supposed to be given after the field sobriety tests or at least 15 minutes observation, to confim the officer's belief that you were under the influence of alcohol and that he/she should arrest you for DUI.  Somewhere along the way, that became less convenient for the prosecution than to be able to use the numbers to show what your blood alcohol level was at the time.

If you are not on probation, politely decline to take the PAS test.  Even a low number or result does not mean that law enforcement is going to let you go.     

Justice is inconvenient.  It requires the prosecution to look at and consider all the evidence, including that provided by the defense.

Should the District Attorney use some discretion in the punishment of persons under the influence of prescription medications or treat them the same as someone who had too much to drink?  Most of us know how drinking is going to affect us.  That very well may not be true with prescription medications.  Labels on prescription bottles and the information sheets that the pharmacy dispenses, when you pick up a prescription, seem more advisory than definite.  You will see words like "might" "may" "rarely."  What do you think?

Would you be more sympathetic if the person had no prior arrests for DUI?

Would you be less sympathetic if someone was injured in the process?

Would you have more difficulty if the person had aclohol in their system in addition to the medication?

How would you feel if the person had an unexpected reaction (sleep driving) and got behind the wheel of the car?

If you were a juror would you likely vote guilty or would you consider a not guilty vote if you thought that the case could have been resolved without resorting to trial if the District Attorney had accepted a plea to a Wet Reckless?

e-mail This e-mail address is being protected from spambots. You need JavaScript enabled to view it with your thoughts.

On or before September 1st I will have a complete list of the companies providing the installation and maintenance of IIDs.  After making contact with just two of them I've decided they are not created equal.  Why is that important to you?  Some companies may offer the devices at a lower cost to you.  Some of the devices may be more reliable than others.  The last thing a person is going to want, is a machine that won't let them start their car.  Contact Denis White Law for more information at 916-444-3300 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .