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Preliminary Breath Tester(PBT)
A Preliminary Breath Tester (often referred to as a PBT) is a small handheld breath tester that an officer will administer on the street when investigating a citizen for DUI. In Utah, most Courts will not allow the result of a PBT into evidence and will not allow the jury to hear evidence about a PBT. However, some judges will allow an Officer testify that he administered the PBT, but that it only showed positive for alcohol. In my opinion, this is deceiving to the jury. Here are some frequently asked questions about the PBT.
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Do I have to take the PBT? No. There is no consequence if a person refuses to blow into a PBT. A PBT is not a device that is calibrated on a regular basis by the police, it does not check for alcohol in your mouth, and can be very inaccurate.
Will I lose my license if I refuse a PBT? No. Consequences to your license applies to other chemical tests such as an intoxilyzer or a blood draw. The PBT is considered a field sobriety test by most courts in Utah.
Can I request to see the results of the PBT? Absolutely, but the officer does not have to show you those results. Some officer will tell you. Other officers will tell you it just says positive for alcohol. Some officers will just not let you see it. Always request to see the result and make a mental note of what the officer says or does.
The PBT is recommended for use after the field sobriety tests, although an officer will frequently employ before other FST’s, which fundamentally prejudices his evaluation of the other tests. Administration of the PBT after the other field sobriety tests (FST’s) also helps the officer comply with an industry recommended 15 minute deprivation time period. The Alcosensor IV operating manual specifically recommends a 15 minute waiting period. However, officers frequently ignore this recommendation and direct motorists to blow into a PBT before the administration of other FST’s.
In the 1980’s PBTs were (in many States) originally intended to be used after the FST’s to ensure the officer is working with an alcohol issue as opposed to drugs or a diabetic condition (Qualification not Quantification). Over the course of time in many states the PBT result has become admissible evidence (Qualification and now Quantification). But, the PBT is not accurate for determining BrAC. Carry over effect, lack of mouth alcohol detection, improper deprivation period, lack of calibration maintenance, and fuel cell maintenance are some of the top issues in cases involving a PBT. On the Alcosensor, the calibration adjustment screw is exposed on the side of the unit and assessable to the operator. The unit even comes with its own mini screwdriver to adjust the value up or down. Georgia allows any police officer to administer a PBT, and any of them can adjust the calibration of a PBT.
So, the most important thing to remember when choosing a lawyer is to choose one who will aggressively defend your interests. By not investigating all your options fully, you could leave yourself at the mercy of the prosecutor or the judge. Again, if you had to go against the government, you’d want the most aggressive skillful lawyer going up to bat for you.
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