In a DUI case, while negotiating a plea, does the lack of PAS results guarantee the charges be dismissed?

Asked about 2 years ago - Riverside, CA

BOB is arrested for DUI and brought in, given blood test and jailed. BOB was never given a PAS preliminary screen in field. Police report states BOB was gives a PAS, but report shows no result, and no result from a PAS exists in evidence. How would this help BOB negotiate a DRY RECKLESS or work a HELMONDOLLAR PLEA with the DA?

Additional information

Blood test result showed 0.09 result. DA is already open to wet reckless, but BOB believes his case is strong for wrongful arrest due to no evidence of intoxication.

ALSO: Have any of you attorneys ever requested a blood sample be retested by a private toxicologist and had the results differ from the initial pull? Or won a case using the "on-the-rise" defense?

Attorney answers (5)

  1. Debra Sarah White

    Pro

    Contributor Level 11

    4

    Lawyers agree

    Answered . It does'nt. If you are looking for a reduced plea and a signed order from the Judge indicating that your BAC was below .08%, there must be evidence in your favor suggesting such. What was your BAC per the blood test? The PAS is irrelevant to your situation unless the result shows a BAC below a .08% in which case it will help your argument. If you were not given a PAS, that fact does not help you. You are not entitled to a PAS and the PAS is nothing more than an "investigative tool" aimed at helping the officers decide if you are under the influence. Furthermore, the PAS is not a very accurate device for several reasons. To get the plea you want you will need to get evidence via a toxicologist to prove that your BAC was below the .08% at the time of driving based on your drinking pattern and calculating from the blood test BAC.

    Debra S. White, Esq.
    866-663-7778
    debra@bestduidefender.com

    Los Angeles DUI Lawyer
    California DUI Defense Attorney

    This answer is based on California law and procedure and does not create an attorney-client relationship.
  2. Eric Paul Ganci

    Pro

    Contributor Level 12

    4

    Lawyers agree

    Answered . Depends on the DA, or the DA's office policy. And depends on how close the BAC numbers are to the legal limit, driving pattern, field tests, etc. Also may depend on a possible rising defense, depending on certain objective signs, and how much you would raise per standard drink, what what told to the officer, etc. Lots to get into.

    Disclaimer: This was not legal advice, and in no way formed an attorney-client relationship.
  3. David Jon Pullman

    Contributor Level 19

    3

    Lawyers agree

    Answered . BOB doesn't negotiate squat. BOB hires a lawyer to negotiate. Hopefully, BOB asked for a DMV hearing within ten days to save BOB's license from getting suspended. A dry reckless is very rare on a DUI. However, the fact that there is no PAS will help you do a rising blood alcohol defense, because the PAS is usually what they try to use to deflate that theory. You should be discussing the particular facts of your case with your lawyer and only your lawyer. Good luck to you.

  4. Mark K Rosenfeld

    Contributor Level 15

    3

    Lawyers agree

    Answered . Bob needs to call Manny Barba's office and do whatever he says. http://www.barbalawyer.com/

    Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area... more
  5. Jon Martin Pettis

    Contributor Level 13

    2

    Lawyers agree

    Answered . I wish.

    Any comments offered are not intended as legal advice. This attorney does not know the specifics of the... more

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