People v. Bury

Brian Keith Bury appeals his conviction by a jury of felony driving under the influence of alcohol. (Veh. Code, § 23152, subd. (a).) He contends his conviction must be reversed due to the improper admission of the results of a preliminary alcohol screening (PAS) test administered to him at the scene of his arrest. A PAS device is a breath testing instrument used to determine either the presence or concentration of alcohol in a persons blood. Such device may be used by police, but is not required, in order to make a preliminary determination of sobriety prior to arrest. ( § 23157, subd. (h).) A PAS test is differentiated from mandated chemical testing of a suspects blood alcohol level (BAL) after a lawful arrest under the implied consent law. ( § 23157, subd. (a)(1); 72 Ops.Cal.Atty.Gen. 226, 227, 229 (1989).)