Orange County Preliminary Breath Tests Lawyers

Preliminary Breath Tests

A preliminary breath test (PBT) is used by law enforcement officials to measure a driver's breath alcohol content (BAC) during a traffic stop. It is a portable, battery-powered device that needs to be blown into in order for a reading to be taken. However, a PBT is not considered to be the most accurate way to determine a person's BAC, which is why in some cases it is not admissible in court. Often, a second breathalyzer test taken at the police station following a DUI arrest is considered by law enforcement officials to be more accurate and is used when a case is built against a driver suspected of being impaired.

When there is enough reasonable evidence for a police officer to believe that a driver is impaired by alcohol or drugs, they can ask the driver to take a PBT. Under California law, if a driver is under age 21 and is detained lawfully, they are required to take the test. An adult driver does not need to submit to the test, but the officer must notify them that it is a voluntary test. Only a person over age 21 who is on probation for a previous DUI is required to take the test. Otherwise, if the officer proceeds and has someone take the test who is not on probation, it may be considered to be an unlawful seizure of evidence since it was taken without consent and a violation of their rights under the Fourth Amendment.

In most cases, a breath test refusal is not admissible in a court of law. A driver is also able to consult with an attorney before taking the test although the officer will not wait for the driver to contact an attorney. The results of the PBT serve only as a guide for an officer to make a DUI arrest. Likely, they will conclude whether or not they have enough probable cause to arrest the driver, based upon the circumstances.

If a second breath test is utilized on the larger stationary device located in either the trunk of a police vehicle or at the police station, typically, it is the strongest piece of evidence used against a driver in a DUI breath case.

It is important for someone charged with a DUI in Orange County to remember that every system used to analyze a driver's alcohol levels are subject to error, from field sobriety tests (FSTs) to breathalyzers, to blood tests. Human mistakes, in addition to mechanical and procedural errors, can distort the accuracy and reliability of these tests.

Due to the heavy penalties a DUI conviction carries, which includes a license suspension and hefty fines, anyone facing these types of charges in California is advised to consult with a skilled Orange County DUI defense lawyer to learn more about their legal options. At Takakjian & Sitkoff, LLP, we have successfully handled a wide range of DUI cases, from misdemeanors and license suspensions to serious felony DUI and vehicular manslaughter. Do not be intimidated and plead guilty to the charges made against you without first seeing what we can do for you. Our experience as former DUI prosecutors and DUI arrest/prosecution procedure instructors to local law enforcement provides our clients with a unique, effective defense. We can help you understand the severity of the charges made against you as well as advise you on the best course of action for your specific situation. Call 866-299-4111 to schedule your free consultation today.