It is not viewed as the most accurate way to determine BrAC (Breath Alcohol Concentration). Therefore, it is frequently not admissible in court. A second breathalyzer test at the police station after the arrest is considered by law enforcement to be more accurate and is used when the state is building its case against a driver.
When Are PBTs Used?
When a police officer has established cause to believe that someone is driving under the influence of drugs or alcohol, the officer can ask the driver to take a PBT. The driver does not have to submit to this test, and the officer must inform the driver of this fact. Refusal to take this test is not admissible in a court of law. You are also permitted to consult with an attorney prior to taking a PBT. The results of the PBT are only a guide for an officer to make an arrest.
No matter what the BrAC is on the first test, the driver may have to take a second test at the station if the police arrest him or her. This test is considered more accurate and is often the strongest piece of evidence the state has in a drunk driving case. A PBT result can be used against you in an administrative hearing at the Motor Vehicle Administration. Additionally, you may utilize a favorable PBT result in your case.
Are PBTs Accurate?
It’s important to remember that every system used to analyze a person's alcohol level is subject to error. Human mistakes, mechanical errors and even radio frequencies can distort PBTs accuracy.
Accuracy is very important in DUI and DWI arrests. In Maryland, a BrAC level of .07 or above results in a DWI charge, whereas .08 or above results in a DUI charge. DUI is a more serious charge associated with higher penalties.
Maryland DUI/DWI lawyer Andrew D. Alpert is a certified breath alcohol technician who owns and maintains several breath testing instruments. His experience with preliminary breath testing and the inherent flaws with the roadside machines as well as those machines at police stations, puts him in a unique situation when building a possible defense in your DUI case. Mr. Alpert’s experience has helped many individuals accused of DUI in Maryland. Contact him today at 866-952-1500 for a free consultation of your specific DUI case and to learn how he might be able to help you.
Alpert Schreyer
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