It is very common for a person to call us and ask us, “What If the Officer refused to tell me what I blew on the Breathalyzer? Can they do that?”
The answer is: No! If you did a breathalyzer, the officer is required by law to print out your results from the breathalyzer and give you a copy to keep. If this did not happen, call us to discuss the ramifications to your case.
However, this is where terminology is very, very important. There is a difference between a “Portable Breath Test” (or PBT for short) and an actual Breathalyzer.
What’s the difference between a PBT and a Breathalyzer?
When police give you a hand-held breath test while you’re on the arrest scene — that test is NOT a breathalyzer. All handheld breath tests are called “Portable Breath Tests” or a PBTs for short. This hand-held breath test (PBT) is different from a “breathalyzer” because a breathalyzer is a large, table-top machine that is only kept back at the jail or police station. When you’ve taken a PBT, the officer does not have to — and in fact is not allowed to tell you the numerical result!
PBTs and Breathalyzers are different in two respects: (1) the admissibility of the numerical results; and (2) the ramifications of refusing to take the test.
With PBTs: the numerical result is NOT admissible against you in court.
- See Rowell v. State, 312 Ga.App. 559 (2011) (trial court erred in admitting numerical reading of alco-sensor during motion to suppress hearing. “It is well-established that alco-sensor results are not used as evidence of the amount of alcohol or drug in a person’s blood. Instead, the alco-sensor is used as an initial screening device to aid the police officer in determining probable cause to arrest a motorist suspected of driving under the influence of alcohol. Thus, this Court has held that such information is not admissible even for considering probable cause.”).
- In short, all that is admissible against you in court for a PBT test is whether the result was positive or negative for alcohol.
With PBTs: the ramifications for refusing the test are — nothing! You have the absolute right to refuse the PBT. Your license will not be affected at all if you refuse a PBT. And, your refusal to do the PBT cannot be used against you in court in any way. That means the jury cannot be told about your refusal to provide a breath sample on a PBT. You should ALWAYS refuse PBTs.
With Breathalyzer tests: (1) the numerical result is admissible against you to prove your BAC; and (2) if you refuse a breathalyzer your license will be suspended for 12 months.
If you have questions, call us at (770) 600-1271
DUI Breath Test Cases Throughout North Georgia
Breath test issues can be important in Georgia DUI cases, especially when there are questions about portable breath tests, Intoxilyzer results, refusal, implied consent, or whether the officer properly explained the testing process. Because each county has its own court procedures, prosecutors, and local practices, it is important to work with a lawyer familiar with the court where your DUI case is pending.
Brett Willis Law represents people facing DUI breath test issues in:
- Hall County
- Gwinnett County
- Forsyth County
- Dawson County
- Lumpkin County
- White County
- Jackson County
- Barrow County
