PAS,Trombetta, Miranda,Implied Consent

Question 1

PAS Admonition

Answer 1

I am requesting that you take a preliminary alcohol screening device to further assist me in determining whether you are under the influence of alcohol. You may refuse this test; however, this is not an implied consent test and if arrested, you will be required to give a sample of your blood or breath for the purpose of determining the actual alcoholic and drug content of your blood.

Question 2

Miranda Rights

Answer 2

1) You have the right to remain silent.
2) Anything you say can and will be used against you in a court of law.
3) You have the right to talk with an attorney and to have an attorney present before and during questioning.
4) If you cannot afford an attorney, one will be appointed free of charge to represent before and during questioning, if you desire.
Do you understand each of these rights?
Having these rights in mind, do you wish to talk to us now?

Question 3

Trombetta Advisement

Answer 3

1) The breath testing equipment does not retain any breath sample for later analysis by you or anyone else.
2) If you want a sample retained, you may provide a blood sample that will be retained at no cost to you. If you do so, the blood sample may be tested for alcoholic or drug content by either party in a criminal prosecution.
3) Do you wish to provide an additional sample?