Powerful DUI Defense: Exposing Dangerous Arrest Myths Today
What are common DUI myths that hurt defendants? Two persist, says San Jose attorney Stuart Kirchick. First, that a roadside PAS breath test replaces the official test—it doesn't; you must still take one. Second, that refusing testing prevents prosecution. Not so: California's 'A count' covers driving impaired with no test needed, and refusal costs you your license for a year.
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Answered by Stuart Kirchick · San Jose, CA
Highlights
Frequently Asked Questions
Does a roadside breath test replace the official one?
No—that's a common myth. The roadside PAS test doesn't replace the required chemical test; you must still take one.
Does refusing testing prevent prosecution?
No—California's 'A count' covers driving impaired with no test needed, so refusal doesn't stop prosecution and costs you your license for a year.
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