By Riley S. Lovejoy, Attorney at Law – Most police agencies utilize what is known as a “portable breath test” (PBT) after a DUI suspect has voluntarily performed field sobriety tests (i.e. Horizontal Gaze Nystagmus, Walk and Turn, One Leg Stand Tests). The PBT is an old and largely unreliable device that is supposed to aid the Officer in deciding whether they have enough probable cause to arrest you for DUI. The PBT is completely voluntary, and you can refuse to give a sample without any legal consequences. The PBT does not replace the official Breath Test administered at the police station. Since the result of the PBT is not your “official” breath test result and the result can’t be used against you, the officer does not have to show the number to you. Also, even though your PBT result may be less than .08, the officer will still arrest you for DUI based on your field sobriety test results. The PBT is merely another way for the police to beef up their argument that they had probable cause to arrest you.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
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