Are Portable Breath Test (PBT) Results Admissible In Court?
They Aren’t. So Don’t Submit To Them.
You get pulled over by the police for a simple violation, such as rolling through a stop sign or speeding. While you’re talking to the police officer and providing them with your driver’s license, the officer claims that you smell like alcohol or that you are slurring your words. They want you to take a portable breath test (PBT) to check your blood alcohol concentration (BAC) level.
If they use this test, will the results be admissible in court? Say that your BAC comes back at 0.08% or higher, meaning you are either at or over the legal limit. Will that portable test’s results mean that you’re going to be convicted for driving while under the influence (DUI)?
The problems with portable breath tests
Portable breath test (PBT) machines that police carry with them are generally inadmissible in court. What the officers will do is use the roadside test – along with other field sobriety tests – in order to allege someone is impaired and to ultimately provide justification for a DUI arrest. They can then take that person to the hospital or the police station for a chemical test of blood or breath. The prosecution then uses the results from the second (post-arrest) test if your case goes to court, not the results from the portable breath test (PBT).
While refusing to submit to the chemical test given after you’re arrested can result in harsher penalties like an extra license suspension and a stiffer sentence, you can refuse to do a PBT without legal consequences.
Another thing to keep in mind is that there are many mistakes that can be made with breath tests. Maybe the test wasn’t calibrated properly. Maybe the officer wasn’t properly trained on how to use it. Maybe other mistakes were made that invalidate the findings. Simply because someone failed a breath test does not mean that they are guaranteed to be convicted of a DUI. There are many reasons that chemical test results can be thrown out.
Considering your legal options
One thing to remember is that you probably do not want to refuse the chemical test given after you’ve been formally arrested. Test refusal following an arrest can lead to a license suspension and other ramifications thanks to implied consent laws. If you find yourself facing serious charges, it’s crucial for you and your future that you know about all of your legal defense options. It is advisable to seek knowledgeable legal guidance promptly after your DUI arrest.
The information provided on this page is for informational purposes only and does not constitute legal advice nor does it create an attorney-client relationship.