Being pulled over for a suspected DUI can be a nerve-wracking experience. You comply with the officer's request to blow into a device but are left in the dark about the results. This common scenario leads many to wonder. Understanding the differences between breath tests and their legal implications can shed light on this confusing situation.

What Is a Portable Breath Test?

When an officer stops you for suspected driving under the influence (DUI), they might ask you to provide a breath sample using a handheld device known as a portable breath test (PBT). This device, which the officer carries, is designed for on-the-spot testing to give a preliminary indication of alcohol presence.

How Does a Portable Breath Test Work?

A PBT is a small, handheld tool that an officer will typically ask you to blow into. Despite its ability to measure alcohol levels, its results are not legally binding. The reason lies in its reliability—or rather, its lack thereof. These devices can be affected by various factors, including environmental conditions and improper calibration, leading to potentially inaccurate readings.

What Is a Breathalyzer?

A breathalyzer, in contrast, is a more sophisticated and reliable device used primarily at police stations. One common model is the Intoxilyzer 9000, a tabletop machine that requires you to blow into it at least twice to ensure accuracy. The breathalyzer provides a printout of your blood alcohol concentration (BAC), which is a crucial piece of evidence in DUI cases.

Key Differences Between Portable Breath Test and Breathalyzer

• Location of Use: PBTs are used at the scene, while breathalyzers are used at the station.
• Reliability: Breathalyzers are more reliable and their results are admissible in court.
• Information Disclosure: Officers are not required to disclose PBT results to you because they are not legally binding, whereas breathalyzer results must be documented and shared. 

Why Officers Don't Tell You Your PBT Result

Legal Restrictions on Portable Breath Test Results

Officers often avoid telling you your PBT result because they are not supposed to use these results as concrete evidence. The PBT's primary function is to determine whether there is a presence of alcohol, but the actual numerical value is not admissible in court due to its questionable accuracy. Instead, the officer may only report whether the result was positive or negative for alcohol.

The Role of Breathalyzers in Legal Proceedings

In contrast, breathalyzer results are documented and can be used in legal proceedings. After taking a breathalyzer test at the station, you should receive a printout of your BAC, which will be a significant factor in any legal action taken against you. This transparency is crucial for ensuring that your rights are protected and that any charges brought against you are based on reliable evidence.

What to Do if You're Denied Your Result

Your Rights and Next Steps

If you find yourself in a situation where you've been given a PBT and the officer won't tell you the result, it's essential to understand your rights. Remember, the officer's refusal is likely due to the unreliability and inadmissibility of the PBT result. However, if you're taken to the station and subjected to a breathalyzer, you have the right to receive your BAC results. 

Consulting Legal Help

In any DUI-related stop, consulting with a lawyer as soon as possible can provide clarity and protect your rights. Legal experts can guide you through the nuances of breath tests, help you understand the evidence against you, and formulate a defense strategy if necessary.

Conclusion

Understanding the difference between a portable breath test and a breathalyzer is crucial if you're ever stopped for a DUI. The PBT is a preliminary tool with limited legal standing, while the breathalyzer provides reliable, admissible evidence. Knowing why officers might not disclose your PBT result and how to navigate the legal landscape can significantly impact your case's outcome. Always remember, in such situations, seeking legal advice is a prudent step to ensure your rights are upheld and your defense is robust. Contact Brett Willis Law today to speak with our legal team.