What’s a Preliminary Breathalyzer Test (PBT)?
A preliminary breathalyzer test, often referred to as a PBT, is a portable breath alcohol testing device used by law enforcement officers to estimate a person's blood alcohol concentration (BAC) in the field during a traffic stop. The primary purpose of a PBT is to provide an initial indication of whether a driver may be under the influence of alcohol. It's a quick and relatively simple way for officers to determine if there is probable cause to arrest a driver for driving under the influence (DUI) or driving while intoxicated (DWI).
Here's how a PBT differs from the test given at the police station:
Location: A PBT is administered at the scene of a traffic stop, whereas the test at the police station, often referred to as a chemical test or evidential breath test, is conducted in a controlled environment, such as a police station or jail.
Accuracy: PBTs are generally less accurate than the more sophisticated equipment used at the police station, such as the Intoxilyzer or DataMaster. The results of a PBT are typically not admissible as evidence in court, but they can be used by law enforcement to establish probable cause for arrest.
Timing: A PBT is administered before an arrest, while the test at the station is typically given after an arrest, as part of the formal DUI investigation process.
Legal Consequences: Refusing to take a PBT may not have the same legal consequences as refusing a chemical test at the station, as implied consent laws may not apply to PBTs in some jurisdictions. However, refusing any test can lead to administrative penalties, such as the suspension of your driver's license.
If you've been charged with driving under the influence, it's important to hire an experienced criminal defense attorney like the Law Offices of Richard Waller for several reasons:
Legal Expertise: DUI laws can be complex, and an experienced attorney can navigate the legal process effectively, ensuring that your rights are protected and that you receive a fair trial.
Case Evaluation: A skilled attorney can review the evidence against you, including the results of any chemical tests, to identify potential issues with the prosecution's case, such as errors in procedure or testing equipment.
Defense Strategies: A seasoned attorney can develop strong defense strategies tailored to your specific case. This might involve challenging the validity of the PBT, disputing the results of the chemical test, or seeking to have evidence excluded.
Negotiation Skills: In some cases, your attorney may be able to negotiate a plea deal or reduced charges, minimizing the potential consequences of a DUI conviction.
Court Representation: Your attorney can represent you in court, presenting your case, cross-examining witnesses, and advocating for the best possible outcome on your behalf.
Mitigation: If you are convicted, an experienced attorney can work to minimize the penalties you face, such as fines, license suspension, and potential jail time.
Overall, hiring an experienced criminal defense attorney is crucial if you've been charged with DUI because they can help protect your rights, provide expert guidance, and work toward the best possible outcome in your case.
