HABLA ESPAÑOL • AVAILABLE 24/7/365 • HELP WITH BAIL BONDS

(949) 622-5522
(949) 622-5522
En Español
Schedule Consultation

Preliminary Alcohol Screening in Aliso Viejo

Available 24/7/365
See All Criminal Defense Practice Areas

As Seen In

10 News First
CNN
Court TV
Forbes
Huff Post Live Alt
Huff Post Live
KTLA

Preliminary Alcohol Screening in Aliso Viejo

Summary: This page covers PAS Tests and Consent.

If an officer stops you due to signs of impaired driving and suspects that you may be driving under the influence, the officer must find probable cause (a reason to make the arrest), in order to arrest you.

Usually, an officer will ask a driver to do a series field sobriety tests before deciding whether to make the arrest or not. The field sobriety test usually includes 2 dexterity tests and a horizontal gaze nystagmus (HGN) test.

Sometimes, the officer may also require you to take the Preliminary Alcohol Screening (PAS) test. The PAS test is what’s commonly known as a breathalyzer test and is used to determine whether there is probable cause for the arrest. A test result above 0.08% for drivers without a commercial drivers license who are over the age of 21 will likely lead to an arrest. Drivers under 21 can be arrested for a BrAC of 0.01% or above. Drivers with commercial drivers licenses can be arrested for a BAC over 0.04%

PAS tests are usually used to determine whether further more reliable tests are required to make the DUI arrest. Other tests that you may be asked to take include:

  • Breath Analysis test
  • Blood Test
  • Urine Test or
  • Mechanical Malfunction/Human Error test

It is within your right to give blood in lieu of a breathalyzer test. If you choose to give blood, you will be arrested and taken to a police station so the police can obtain the blood sample. Blood tests are more reliable as evidence in court, and generally are used in cases where the driver refuses to blow into the breathalyzer, or are close to the legal BAC limit. For example, during PAS a driver might blow a 0.07, the officer can still arrest the driver, impound the car, and take the driver to the station in order to obtain a more reliable and accurate blood sample. Depending on your circumstance, it may be advisable to refuse the PAS and go to the station.

If you are pulled over and assert your 5th amendment right to remain silent, an officer could arrest you and bypass all PAS procedures.

Generally, unless there is a warrant for your arrest, you can decline to take a field sobriety test or a PAS test. However, if the officer manages to get a warrant after your refusal, you can be legally forced to take the test, in which case the police will draw a blood sample. Refusing to give the blood sample is highly discouraged, as it will lead to additional charges like resisting arrest.

If after refusal to take the test and if probable cause is found to arrest you for DUI, you will very likely face harsher penalties including fines and immediate suspension of your driver license.

In Aliso Viejo, as in the rest of California, implied consent laws call for licensed drivers to submit breath or blood tests only after a lawful arrest. To make sure you were lawfully arrested, contact the attorneys at Johnson Criminal Law Group who will fully evaluate your PAS results and fully defend your DUI arrest. Call Now!

Get A Criminal Defense Consultation Now

Do you already have a court date?*
Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Recover Your Future with a Commanding Legal Defense

Immediate Action to Restore Control

Neutralize threats & prevent escalation with a firm that begins active case management as soon as you retain us

24/7 Access to Elite Legal Counsel

Connect with a member of our team at any time to begin addressing your legal challenges swiftly and decisively

Resolve Uncertainty with Clear Guidance

Reduce stress and uncertainty through honest, candid assessments and a clear, strategic path to resolution

Fierce Representation for Urgent Situations

Secure lasting stability for you or your loved one through an aggressive defense and diligent case preparation

Contact Us 24/7/365

Criminal Defense Case Results

Mr. R was charged with embezzling close to $100,000 as a utility salesperson using a scheme to steal customers’ identities. Client avoided any jail time and received probation.

Mr. P was charged with embezzling equipment from John Wayne Airport while working as a contractor. Our office negotiated a civil compromise, resulting in the dismissal of felony charges and sealing his arrest record.

Mr. W. was charged with eight counts, including domestic violence, child endangerment, and criminal threats. Our office negotiated an offer of one year in therapy and then a dismissal of all charges.

Mr. H. was found by police passed out in his vehicle with drugs out in the open. Our office was successful in obtaining a diversion out of the criminal justice system and ultimately a dismissal.

Read More Case Results

Hear From Our Clients

Refreshing & Life-Changing Experience

I hired Lauren Johnson-Norris when social services showed up at my door asking questions after my husband and I got into an argument. I didn’t understand why they were there and everything was so overblown. They threatened to put my kids in foster care. Ms. Johnson-Norris created a plan to keep my family together, to keep us all safe and to help us get out of the system quickly. She was compassionate and as smart as can be. Her fees were reasonable, I could always get her on the phone and it was such a relief to know that she was on our side. If you or your family ever run into trouble with social services, I strongly recommend calling her. I am so thankful.

A Juvenile Client

Ms. Johnson-Norris represented my wife and me in a motion for relative placement of our grandchild. This was part of a nightmarish case involving the SSA, a corrupt and broken system rife with cronyism, ineptitude and conflicts of interest. Ms. Johnson-Norris was recommended to us as an expert in this area and we are so grateful to her for how she helped us. I’m experienced in dealing with attorneys in commercial and civil issues through my career, but dependency court is a bizarre world where normal rules and rights do not apply. In OC, it is a closed system filled with bias, and outsiders are at a disadvantage. Ms. Johnson-Norris is highly respected in this world and highly effective. She is always professional and an excellent communicator, never failing to return calls and emails promptly as we navigated this valley of terror. She was always prepared with thoughtful, intelligent, reasonable, and realistic counsel. She continues to guide, represent, and help us as things wrap up. I can’t recommend her highly enough. She is highly credible and experienced in this area of law, and there are not many who are. We are so glad she represented us. Her guidance and insight were invaluable to our family, and her teaming with the other counsel for our family was highly effective.

A Juvenile/Child Custody client

Lauren Johnson-Norris is extremely knowledgeable in family court. She communicates with you as a client and is realistic in your options and outcomes. She helped us get our kids returned to us and sort through the maze of dependency court and social services.

Karen I., a Juvenile client

Ms. Johnson-Norris is an aggressive, professional and effective attorney. Thank you for your legal assistance. Her follow-through is to be commended, and she always returns phone calls and quickly replies to email. The outcome would not have been the same without Ms. Johnson-Norris as my attorney. I would highly recommend Ms. Johnson-Norris to friends and family in need of legal advice. Thank you!

M.B., a Family client

Ms. Johnson-Norris has been a ‘guardian angel’ in our case from the first second we spoke. She’s dedicated such intense time and detail into making sure everything is handled perfectly. Our case has not been finished (yet), and we’re just in the initial stages, but we are already extremely confident in her abilities. Our case is extremely sensitive in nature, but Ms. Johnson-Norris has shown compassion, composure, and extensive knowledge, which is always super comforting. I can say with certainty that Ms. Johnson-Norris will handle our legal needs from the beginning to the end. Also, Ms. Johnson-Norris is really easy to get ahold of. She returns phone calls and/or emails very quickly, which is also a very comforting factor, and something I wanted to point out about her.

Jill, a Juvenile client

Read more Testimonials

Criminal Defense FaQ

What immediate steps will you take to protect my rights?

We provide immediate crisis command by reviewing the allegations against you and intervening with law enforcement to prevent further exposure. From the moment you retain the Firm, we act as your shield, managing all communications and executing a decisive strategy to protect your liberty and reputation.

We prioritize discretion and exposure management. We understand that a public allegation can be as damaging as a conviction; therefore, our strategy focuses on minimizing the visibility of your case while challenging the prosecution’s narrative to preserve your standing in the community.

We begin by meticulously reviewing the allegations to determine if the conduct even constitutes a crime under the law. We then scrutinize the prosecution’s evidence against the highest standard — proof beyond a reasonable doubt. By analyzing the “who, what, when, where, and how,” we identify the natural questions a jury will have, allowing us to build an expert strategy that derails the prosecutor’s narrative.

.

Yes, our firm offers comprehensive legal services in Orange County with a unique focus on “crossover” cases where criminal and juvenile law intersect. Johnson Criminal Law Group provides the specialized expertise necessary to navigate investigations that threaten parental rights and family stability.

When you partner with Johnson Criminal Law Group, you receive 24/7 responsiveness and a clear, strategic plan designed to resolve your legal emergency decisively. We balance aggressive defense strategies with genuine human connection, ensuring you are treated with the respect and transparency you deserve during a crisis

Habla Español • Available 24/7/365 Help With Bail Bonds

Schedule A Consultation
(949) 622-5522