PBT---ROADSIDE BREATH TESTER PRELIMINARY BREATH TESTER
Many different words are used to describe these devices. They are presented by officers as merely a 'tool' to aide them or maybe even to make it easier on you.
You may even be told "they cannot be used as evidence against you in
That is true but it begs the question: WHY ARE YOU ASKING ME TO DO IT IF IT CANT BE USED AGAINST ME????
The truth is it will be used against you. The NUMBER you blow will not be used against you but the fact you blew will be used in the officers arrest decision and a statement such as you blew high or blew over them limit may be offered.
These devices are:
- fuel cell technology
- Not approved devices in our state
- Not evidentiary
- Not subject to calibration
- Inherently unreliable
- Not required to be taken
These devices are used for one purpose—to further support the officers arrest decision.
You are not required to take this test... Why would you voluntarily give evidence against yourself?
This is the same situation as we discussed under the Standardized Field sobriety Tests: Should I take the test?
THERE IS NO LEGAL REASON FOR YOU TO EVER BLOW INTO A ROADSIDE TEST DEVICE.
Please note: The refusal discussed above applies to the Preliminary Roadside Breath Test only. Refusal of the Breath Test offered at the police station is a different issue with different rules.