During a DUI investigation, drivers are often asked to submit to a roadside Preliminary Breath Test (PBT). The PBT is a handheld device that tests your breath alcohol content (BAC). Sometimes these are called Portable Breath Tests. Under Washington State law PBT results aren’t accurate enough to be presented during a DUI trial. However, the results can be used against you to bolster an officer’s decision to arrest you for DUI. Just like the Standardized Field Sobriety Tests (SFST’s), the PBT is voluntary and most folks are better off politely refusing.
Law enforcement officers typically use a PBT as the last in a series of roadside DUI observations and tests. Before asking about any roadside test, the officer has probably already observed one or more of the following:
- driving violations, like speeding or defective equipment,
- smell of intoxicants on your breath, and
- seen abnormal motor skills, like trouble removing your driver’s license from your wallet or finding your vehicle registration.
Before they ask about roadside tests, law enforcement may already have enough evidence to support a DUI arrest. This is why most folks are better off politely refusing all roadside tests, including the PBT.
There is one time our advice might be different. If you have consumed no alcohol or only one drink, then you should consider the PBT. A result showing minimal or no alcohol might help prove you aren’t impaired and might convince the officer not to arrest you for DUI.
DUI investigations are complex. There are different rules that apply to roadside tests and the evidentiary BAC test at the police station. This is why you have the right to speak with an attorney to get accurate advice for your specific situation. This right applies while the DUI investigation is happening. Call Cooney Law Offices today. Fighting for you!