What is a Portable Breath Test (PBT)?

A PBT (Portable Breath Test) is a type of field sobriety test used by law enforcement to investigate DUI cases. It is a handheld device designed to detect the presence of alcohol on a driver's breath.

Is the PBT result admissible in court?

Generally, the specific numerical result of a PBT is not admissible in court because the device is considered less reliable than a State Administered Breath Test. However, the fact that the test was positive or negative for the presence of alcohol may be admissible.

How reliable is a Portable Breath Test?

A PBT is considered less reliable than official state breath tests and is more susceptible to issues like false positives and residual mouth alcohol. The NHTSA recommends officers observe a driver for at least 15 minutes before administering it to ensure accuracy.

When should a police officer use a PBT?

According to NHTSA recommendations, a PBT should be used only after the officer has had the driver in their view for a minimum of 15 minutes and only to confirm the findings of other field sobriety tests.

What’s a Portable Breath Test?

An image of a portable breath test. An attorney can explain what a portable breath test is.

A portable breath test (PBT) is a handheld breath–testing device that police officers may use during a DUI investigation to estimate a driver’s blood alcohol concentration. A PBT is generally more susceptible to false positives and interference from residual mouth alcohol than the Intoxilyzer 5000 used by law enforcement agencies in Georgia.

Law enforcement officers often use breath alcohol testing as a way to decide whether or not to arrest a motorist for driving under the influence (DUI). However, a lawyer may dispute the results of a PBT, even after an arrest.

You can learn more about these devices, how they work, and drunk driving charges from an Ellijay DUI lawyer. Get the answers you need today.

Why Do Police Officers Use PBTs?

Law enforcement officers use portable breath tests to measure the blood alcohol content (BAC) of drivers they stop on suspicion of driving under the influence. When properly completed, these tests may provide information about a driver’s blood alcohol level, potentially giving the police probable cause to move forward with an arrest.

However, PBTs (or portable breathalyzers) are not always accurate, especially if the police officer administering the test fails to follow proper procedures.

You can learn more about what PBTs are and how they’re used in DUI cases by reaching out to a criminal defense attorney today.

When Do Police Officers Give a Portable Breath Test?

Police officers often rely on PBTs for breath alcohol testing after stopping a driver whom they believe is impaired by alcohol. For example, a police officer may give one of these tests after stopping a motorist whom they claim drove erratically.

Police officers may also use breath alcohol screening devices at DUI traffic stops. They may use these portable devices to test random drivers at these stops. Additionally, sometimes the police may ask drivers to take these tests after traffic accidents.

Do Police Officers Administer PBTs Immediately?

Generally, a PBT is used only after the officer has had the driver in view for at least 15 minutes and only to confirm the findings of other field sobriety tests.

However, some officers may immediately require a test using a breath alcohol screening device. If an officer has you blow into a PBT instrument immediately upon stopping you, it means they’ve ignored testing regulations and that the results of the test are unreliable.

You can learn more about the proper usage of preliminary breath test instruments by reaching out to an attorney for help. A lawyer can also tell you more about what a portable breath test is.

Do You Have to Take a PBT?

You legally have the right to refuse to complete a portable breath test before your arrest in Georgia. Portable breath tests are basically another form of field sobriety test, and, while they can establish probable cause, you do not have to comply with them in most cases.

Police officers can still arrest you if you refuse to use a preliminary breath test instrument.

Note that, after an arrest, you must complete any blood alcohol content testing ordered by law enforcement. If you refuse a test after your arrest, you can face a license suspension and other serious legal penalties.

What Other Alcohol Concentration Tests Can the Police Perform?

After an arrest, you can expect the police to complete testing with the Intoxilyzer 5000. The Intoxilyzer 5000 also measures alcohol concentration using a breath test. This desktop-style instrument is much larger than PBT implements and has a higher rate of accuracy.

You cannot legally refuse Intoxilyzer 5000 testing under Georgia’s implied consent laws.

Are PBT Results Accurate?

If police officers follow all steps correctly when conducting a test with a portable breathalyzer, the test may provide some information about a driver’s blood alcohol levels. However, the results of a PBT test are so unreliable that the numerical result is not admissible in court, only that it was positive or negative for the presence of alcohol.

Even if you “fail” a test using a PBT instrument, it does not mean you’ll automatically get convicted of a DUI. You can learn more about how to handle alcohol tester results by reaching out to a law firm for help.

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How Lawyers Handle BAC Test Results and DUI Charges

Criminal defense attorneys can use multiple strategies to dispute alcohol tester results. An attorney may work to show that:

Police officers completed a PBT too quickly
Officers failed to follow proper procedures when administering a PBT
Officers led a driver to believe they had to legally complete a PBT

Lawyers can also focus on DUI defense strategies like showing that the police made a traffic stop without probable cause or that they violated the rights of a driver during the process of the arrest.

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