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 person’s 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 suspect’s 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).)

We rule the PAS test evidence introduced at appellant’s trial was admissible.

Facts

At 1:40 a.m. on February 10, 1994, California Highway Patrol Officer David Hall was on patrol with his partner Officer Pedro Leon on highway 101 when they noticed an automobile traveling in the left-hand lane at 45 miles per hour. The vehicle then was driven across three lanes and…