The Use of PBTs in Massachusetts DUI Cases
Part of pre-arrest screening often includes the use of a preliminary or breath test. Police administer these roadside tests to preliminarily determine a DUI suspect’s blood alcohol content. A preliminary breath test instrument (PBT) is not a breathalyzer. It does not meet the breathalyzer accuracy standards and it does not use infrared technology to determine a driver’s blood alcohol content. Therefore, PBT results are legally inadmissible at any DUI trial. Furthermore, a preliminary breath test is considered a field sobriety evaluation and a refusal to submit to a PBT, like the other field sobriety tests, is also inadmissible.
Many drivers feel compelled to submit to a PBT, because they believe that failure to do so will result in a breathalyzer refusal license suspension. This is a misconception. There is absolutely no penalty for refusing to submit to a preliminary breath test and refusing to submit cannot be held against the DUI suspect.
If a DUI suspect demonstrates signs and symptoms of intoxication during the pre-arrest screening and the PBT indicates no alcohol, the police will suspect that the driver may have been operating under the influence of drugs instead of alcohol. Most Massachusetts police officers lack the training and education to properly detect and screen for this. However, in addition to being certified in the administration of NHTSA Standardized Field Sobriety Evaluations, DUI Lawyer Paul B. Watkins is a trained and certified Drug Recognition Expert.
