If a Wisconsin police officer pulls you over for suspected drunk driving, several things might occur during the traffic stop. In addition to requesting to see your driver’s license, vehicle registration and proof of auto insurance, as per usual in a traffic stop, he or she might also ask you to take a preliminary alcohol screening test. There are several types of screening tests, all of which can establish probable cause to make a DUI arrest.
Many people think that the breath test device used during a traffic stop is the same as a chemical Breathalyzer test, but it’s not. Preliminary alcohol screening (PAS) and chemical Breathalyzer are two separate testing formats, using different devices for different reasons.
A PAS device can only do one thing during a DUI stop
The breath test device that a Wisconsin police officer uses on the roadside during a traffic stop detects the presence of alcohol on a person’s breath. Of course, this can cause you to face arrest for suspected DUI, even if you did not consume alcohol before driving. For example, if you have certain health conditions or took cough syrup containing alcohol as an ingredient, a PAS device will register positive for alcohol, and that’s all a patrol officer needs to make an arrest.
A PAS cannot determine how much alcohol is in your bloodstream. That is what a chemical Breathalyzer test does, which you must take following a DUI arrest because of the implied consent rules you agreed to when you signed your driver’s license. You do not have to take a PAS test during a traffic stop. You’re not obligated to take a Breathalyzer following an arrest, either; however, the court will suspend your license if you refuse.
Admission of evidence in a DUI court case
Results of a Breathalyzer test may sometimes be admissible as evidence in a DUI court case. The results of a PAS are typically not admissible as evidence because they are unreliable. In some cases, the court may prohibit Breathalyzer results, such as if the police officer who arrested you did not have reasonable cause to pull you over. A Breathalyzer device must be properly calibrated, and a certified individual must administer the test; such issues may also compel a judge to deem test results inadmissible as evidence.
If you consent to a PAS or Breathalyzer test, the results may have both immediate and far-reaching implications in your life. Facing DUI charges in Wisconsin is a serious matter that can place your freedom at risk. If you are a licensed professional, you could lose your license if the court hands down a conviction, which is why it is always best to seek legal support before proceedings begin.
