Is the PBT required in Oklahoma?
The portable or preliminary breath test (PBT) is a tool used by some officers in Oklahoma to help justify their arrest decision.
It is important to understand that this is not the same as the official state breath test that is offered at the station after you have been arrested. In fact, submitting to this test may only hurt your case in the long run.
An Unreliable Test
Unlike the state test, you cannot be penalized for refusing to take the PBT. In fact, even if you did take the test your result could not be used as evidence against you in your case.
While the PBT is intended for use as a screening tool, it is well documented that it is an extremely unreliable test. Both mechanical problems and human error contribute to this stigma; either the machine is not properly calibrated or stored prior to the administration of the test, or the officer does not administer the test properly.
PBT and Your Defense
An experienced DUI defense attorney will examine all of the events leading up to your PBT and arrest to determine if the results of this test—and therefore your arrest—should be challenged.
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