Refusing a preliminary alcohol screening (PAS) test during a DUI stop in California can trigger severe administrative penalties, often surprising drivers who are unaware of the law's complexities. Unlike post-arrest chemical test refusals, PAS test refusals carry their own unique set of rules and suspension periods under California Vehicle Code Section 13353.1.

Understanding the legal framework for PAS tests is critical. These roadside breath tests, administered before a DUI arrest, create administrative consequences even though they are generally not admissible in criminal court. At Bulldog Law, we help clients navigate these confusing layers of DUI testing law and develop strong PAS test refusal defense strategies.

What Is a Preliminary Alcohol Screening (PAS) Test?

The PAS test is a roadside breath test administered before arrest during a DUI investigation. Officers use handheld devices to evaluate blood alcohol concentration (BAC). This differs from chemical tests taken post-arrest, which are governed by implied consent laws and carry separate penalties if refused.

Key characteristics of PAS tests include:

• Conducted during roadside DUI investigations
• Administered before formal arrest
• Uses handheld breathalyzers
• Generally inadmissible in criminal DUI trials
• Refusal still triggers administrative license penalties

Unlike post-arrest chemical test refusals covered in laws such as the updated rules in California's 2025 DUI blood test refusal laws, PAS refusals fall under a distinct administrative statute.

Vehicle Code Section 13353.1: Legal Basis for PAS Refusal Penalties

California Vehicle Code Section 13353.1 authorizes the DMV to suspend or revoke the license of any driver who refuses to take a PAS test when lawfully requested. This statute functions independently from the chemical test statutes and applies specifically to drivers not yet under arrest, especially those under 21 or on DUI probation.

• Triggers automatic suspension or revocation for refusal
• Functions independently from other DUI penalties
• Applies even if the driver later submits to a chemical test
• Follows a different hearing and review process at the DMV

Many drivers do not understand that this statute creates a separate track of penalties. It's critical to distinguish PAS test refusals from more well-known chemical test refusals, as outlined in resources discussing the consequences of refusing a DUI chemical test in California.

First-Time vs. Repeat PAS Refusal Penalties

First-Time Offenders

For a driver with no prior DUI-related violations, refusing a PAS test can result in a one-year license suspension. This occurs even if no criminal charges are filed and is processed purely through the DMV.

• One-year administrative license suspension
• No eligibility for a restricted license
• Applies regardless of the outcome in criminal court

Repeat Offenders

Drivers with a prior DUI violation in the last ten years face harsher consequences. A second PAS refusal results in a two-year license revocation.

• Two-year license revocation for second refusal
• Ten-year lookback period applies
• Penalty applies across all DUI-related administrative violations

Refusing Multiple DUI Tests in One Incident

In some cases, a driver may refuse both the PAS test and a subsequent chemical test. This leads to overlapping penalties, compounding the length of license suspension. These cumulative penalties can extend the loss of driving privileges to several years.

This scenario highlights the complexity of California DUI program licensing and how overlapping violations must be managed strategically in both administrative and criminal proceedings.

The DMV Process for PAS Refusals

Officer Report Requirements

When a PAS test is refused, the officer must file a sworn report with the DMV. This report must detail:

• The circumstances of the stop
• The legal justification for requesting the PAS test
• That the driver refused after being informed of consequences

If the report lacks any required information or contains inaccuracies, it opens the door for legal challenges at the administrative level.

DMV Review and Hearing Rights

The DMV will conduct an internal administrative review to determine if the suspension should proceed. Drivers have the right to request a hearing within 10 days of arrest. Missing this deadline usually results in automatic license suspension.

Understanding these procedural timelines is crucial. Immediate legal intervention is recommended to preserve your rights and challenge the suspension effectively.

Defense Strategies Against PAS Test Refusal Penalties

Challenging the Validity of the Test Request

Police must have legal grounds to request a PAS test. If the stop or request lacked probable cause or reasonable suspicion, the test refusal may be invalid.

• Officer lacked legal justification for DUI investigation
• Improper administration of PAS test
• Violation of departmental procedures

Questioning Whether There Was a True Refusal

A common defense is that the driver did not actually refuse the test but was unable to complete it due to:

• Medical conditions
• Equipment malfunction
• Communication issues or language barriers

Raising Constitutional or Procedural Defenses

Violations of constitutional rights, such as unlawful detainment or coercion, may also invalidate the refusal determination. Additionally, procedural errors by officers often form the foundation of effective administrative defenses.

Impact of PAS Refusal on Criminal DUI Cases

While PAS test results are often inadmissible in DUI trials, the refusal itself may be introduced as circumstantial evidence. However, its impact is usually limited, especially when the criminal case focuses on post-arrest testing or field sobriety test performance.

Understanding whether a DUI is a criminal offense and how refusal impacts plea negotiations is essential for a well-rounded legal strategy.

Restoring Driving Privileges After PAS Refusal

Even after a suspension period ends, a license is not automatically reinstated. Drivers must fulfill multiple requirements:

• Enroll in a state-approved DUI education program
• Submit proof of SR-22 insurance
• Pay DMV reinstatement fees

This post-suspension process is part of the broader compliance system under California DUI program licensing and can be time-consuming if not managed properly.

Take Immediate Action to Protect Your License

PAS test refusal cases are more complex than many realize. Administrative penalties begin quickly and can lead to long-term loss of driving privileges unless challenged. At Bulldog Law, our DUI defense attorneys have a deep understanding of the administrative review system and the criminal defense aspects of these cases.

We act quickly to request hearings, gather evidence, and identify procedural or constitutional flaws that can result in successful challenges. Whether this is your first offense or you have prior DUI history, our team is ready to build your defense.

PAS Test Refusal Defense Lawyers in California

If you're facing a license suspension due to PAS test refusal, trust the experienced DUI defense lawyers at Bulldog Law in California. We fight aggressively to challenge DMV findings, protect your rights, and help restore your driving privileges. Contact us today for a confidential consultation and let us defend your future.