27 Apr What is a PBT?
A lot of our clients ask about this handheld machine that they blow into on the side of the road. The police officer will request the driver to blow into this small handheld device right before they arrest him for DUI. It’s usually the last thing done before the officer arrests you.
You blow into it, just like a breathalyzer but the officer tells you it can’t be used against you in court. It’s called the PBT or Preliminary Breath Test. It is true that the prosecution cannot use the results of the PBT during your criminal case for DUI, however it can be used against you during a Petition to Rescind your Statutory Summary Suspension hearing. It can be devastating during that hearing since it provides the officer with reasonable grounds that you are under the influence of alcohol – especially if you blow over the legal limit. As an experienced DUI attorney, you need an advocate on your side to understand the PBT and how you can invalidate the PBT or at least call into question it’s accuracy.