What is the difference between breath tests taken at the scene of a motor vehicle accident and breath tests at the police station about an hour after the accident?
California, United States of America
The following excerpt is from People v. Barragan-Sullivan, A141366 (Cal. App. 2015):
Breath tests administered at the police station about an hour after the accident showed defendant's blood-alcohol content to be 0.08/0.09 and 0.08/0.08. The trial court refused to allow the defense to present evidence at trial to show that a preliminary alcohol screening (PAS) test administered at the scene of the accident yielded a blood alcohol level of 0.07. Defendant argues the court's ruling was prejudicial error under People v. Williams (2002) 28 Cal.4th 408, and that his conviction for driving on a suspended license is not supported by substantial evidence. We agree with the latter contention. We affirm defendant's conviction for driving with a blood-alcohol level of 0.08 and causing injury.
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