Preliminary Breath Tests (PBT)
by
Jared Austin on Jun. 19, 2013
Criminal DUI-DWI Criminal Misdemeanor Criminal
Summary: Discusses the roadside Preliminary Breath Test (PBT), a portable handheld device used by police on DUI stops to give a preliminary BAC reading. Also discusses the penalties for refusing.
A
preliminary breath test (PBT) is a portable, handheld device that is used a to
measure a person's blood alcohol content (BAC) by measuring the amount of
alcohol you have on your breath as you exhale into the PBT. It oxidizes the
alcohol in your breath as it passes over the fuel cell as it attempts to
calculate the change in electrical current as it flows through the device. PBTs
are normally used by police at roadside investigation where the person detained
is suspected of drunk driving or DUI/OWI.
The device
can only be used by someone trained and certified. The operator must take a
training class and possess a valid Type I Operator's certificate. The officer
must also abide by the 15-minute rule which requires the officer to observe the
suspect for at least 15 minutes prior to administering the PBT to make sure
nothing has been placed into the mouth or that the person has not belched or
regurgitated during that time period as any of those occurrences could throw
the results of the machine off. The device must also be calibrated and
maintenanced at least once a month.
The purpose
of the PBT is to determine if there is probable cause to arrest the suspect.
Virtually nothing good can come from submitting to the PBT as if it is .08 or
above, that establishes probable cause but even if it doesn't, the officer can
still use other observations or field sobriety test results to arrest you.
Refusing to take a roadside PBT is a no-point civil infraction with a fine less
than $200. It is not a crime and no points will be added to your driving
record. If you are under 21 and you refuse a roadside PBT, it is still a civil
infraction but two points will be added to your driving record.
Do not
confuse the roadside PBT with the evidential breathalyzer at the police
station, known as the DataMaster. That is after you have already been placed
under arrest and you will be asked to breath into the machine, usually twice.
Again, the 15-minute observation period must be conducted. If you refuse to
blow into the DataMaster, your license will be suspended and six points added
to your driving record under the Implied Consent Law. You can contest the
refusal at an Implied Consent Hearing at the Secretary of State, but those can
be difficult to prevail on.