The Preliminary Breath Test is the roadside breath testing device used by law enforcement as an additional field guide as to whether of not probable cause to arrest a citizen for DUI exists. Concurrently, if you have been charged with a DUI you should call me I am a DUI defense lawyer. Basically, the PBT is a hand held breath testing device, commonly known as a blow device. Va. Code § 18.2-267(A) provides that any person suspected of DUI "shall be entitled, if such equipment is available, to have his breath analyzed to determine the probable alcohol content of his blood." Contrarily, the results are not admissible in a "prosecution."
Additionally, preliminary Breath Tests are not admissible for proving guilt in a DUI Case, the results of the test are admissible to prove the validity of an arrest. Stacy v. Commonwealth (1996) The failure to offer a preliminary breath test will not invalidate an arrest.
In Virginia, a law enforcement officer must advise a DUI suspect prior to conducting a preliminary breath test:
The Prosecution has the burden of proving the reliability of the preliminary breath testing or blow device. Whenever scientific evidence is offered, the court has to make a threshold determination of its reliability. If you have been charged with a DUI, you should call me, I am a DUI defense lawyer.
Consequently, even if you do not call me, you should still call a lawyer. A DUI Defense Lawyer can evaluate the states evidence against you and advise you on the likely outcome. A lawyer can help you make the best decision on how to proceed. Whether you choose to take your case to trial or pursue alternative means. Whatever your goals with a case, a DUI Defense Lawyer can fight for you.