After the Standardized Field Sobriety Tests are complete,
the courts have decided that all LEOs are required to offer the offender access
to a PBT or the Preliminary Breath Tester. The Preliminary Breath Tester is a
small device that is calibrated to detect alcohol via the breath of any
suspected offender. The use of the Preliminary Breath Tester can be utilized to
aid in the probable cause required to arrest the offender in question, however
whatever readings that are obtained cannot be utilized in court against the
offender.
Think of it as a this for that type of agreement, the
Preliminary Breath Tester can be used to assist in establishing the probable
cause required for the arrest, but it can’t be used in court against the
offender. Get it! Now to be specific, it can’t be used by the prosecution, however
if the defendant side (offender) brings the reading from the Preliminary Breath
Tester into the scope of the court it becomes fair game for use by both sides.
The Preliminary Breath Test is just another step that is
required when processing a Driving under the influence incident. Once the
person is in custody, there vehicle is inventoried, then towed, and then the
offender is transported to jail for further processing. During the inventory search
of the vehicle everything of value is noted on a Tow Certification Sheet,
anything illegal found can be utilized against the offender in custody, and the
vehicle will be required to be held at the tow yard for a specified timeframe before
being released to its owner.
At the jail or station, the next aspect required for
processing a Driving under the Influence incident will commence. But that is a
discussion for next time, I am choosing to stop here for now. Hope the information
is helpful and that if ever given the choice to drive under the influence or
take alternative transit home you choose the alternative.
Preliminary Breath
Tester? Good? Bad?...
