Portable Breath Test Device

If you are ever pulled over for driving under the influence (DUI), the officer who stops you may ask you to take a breath test in order to determine your level of intoxication. In most cases, the initial test will be administered onsite using a portable breath test device (PBT) to measure your blood alcohol content (BAC). If the results of this test indicate your BAC is above the legal limit of 0.08%, you will be arrested and taken to the police station for a formal breath test.   

So, aside from where they are administered, what’s the difference between a PBT and a formal breath test? Simply put, reliability. Although PBTs offer an advantage in terms of mobility, these devices are far less accurate than those used at the police station, and thus more likely to deliver false readings. Therefore, these devices should only be used to establish probable cause for your arrest—their results cannot be used as evidence against you in court. 



Unlike formal breath tests, PBTs are entirely voluntary. However, if you refuse to submit to a portable breath test, you can still be taken to the police station for a formal test. It is important to know that, due to implied consent laws, you are required to submit to any type of formal chemical testing (such as blood, alcohol, or breath tests). In fact, if you refuse to take a formal breath test, you may face more severe penalties than you would have, had you taken the test and failed.

Before administering a formal breath test, the officer must inform you of your Miranda rights (right to remain silent, have an attorney present, etc.). In addition, he or she must also advise you of the consequences of refusing to take a formal breath test. Failure to advise you of these rights is a constitutional violation, which means the charges against you must be dropped.

If you were recently arrested for driving under the influence, it is important for you to seek legal counsel immediately after your arrest. If the officer did not have probable cause to arrest you, or your breath test was administered incorrectly, the charges against you may be dismissed.

An experienced attorney can evaluate the evidence in your case to determine whether your breath test results are admissible in court, and use his or her knowledge of DUI law to create a viable defense for you. Contact a DUI attorney in your area today to discuss your case.