What are the Title 17 requirements for a PAS device?
The Title 17 laboratory regulations do not apply to the PAS unless it is offered as evidence to prove a specific BAC. (Ordinarily, the PAS is used only (1) at the scene to help the cop decide whether to make an arrest and (2) in “zero tolerance” cases for drivers under 21.) Thus, the frequent noncompliance with Title 17 will not keep the PAS results out. A good attorney will challenge admission of the PAS on an Adams (scientific) foundation and will have to beat the “official duty” presumption to keep it out.
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