Preliminary Breath Testing

Preliminary Breath Testing (PBT), also know as Portable Breath Testing is a roadside test that police officers, sheriff’s deputies and state highway patrolmen use to get an estimate of the suspected DUI/OVI driver’s blood alcohol content. Specifically, NHTSA reports that the primary purpose of roadside breath testing is to demonstrate the association of alcohol with the observable evidence of the DUI/OVI driver’s impairment. While the officer’s observations are considered sensory evidence, the roadside breath test provides evidence that alcohol is the chemical basis for that impairment.

People who are familiar with this testing device often think the machines are accurate ways of calculating intoxication. However, that is incorrect. Road side breath testing devices often give inaccurate readings, causing the police to believe a suspected DUI/OVI driver is impaired when he is not. NHTSA advises this is but one stage in the pre-arrest screening or investigation stage of a suspected DUI driver and further cautions that this test should never be the sole basis for an Ohio DUI arrest. Quite frankly, this is because the instruments are generally unreliable. If you were charged with a DUI/OVI in Ohio and you agreed to take a preliminary breath test, you should consider discussing your case with an experienced Ohio DUI/OVI attorney.

How do these machines work? Roadside DUI/OVI breath testing machines typically work by measuring the chemical reaction of the alcohol in your breath with a fuel cell. However, these machines are extremely sensitive and often give inaccurately high results. Examples of things that can cause inaccurate results are the ambient temperature, the temperature of the machine, residual mouth alcohol, the suspected DUI/OVI driver’s last consumption of alcohol and a number of other factors.

Limitations of Preliminary Breath Testing or Portable Breath Testing

Roadside breath testing machines are so unreliable that Ohio courts have declared their results inadmissible at trial. While police officers may be allowed to testify that the machine detected the presence of alcohol, an officer is generally not allowed to testify to the specific blood alcohol content (BAC) that the machine reported.

Further, just as with other roadside field sobriety testing, a suspected DUI/OVI driver is never required to submit to a portable breath test when being investigated for an Ohio DUI/OVI offense. The driver will not suffer any penalties or lose his license if he refuses to submit to the test. In this way, the preliminary breath test is just another type of field sobriety test used in Ohio. If you have questions about roadside breath testing machines, any credible DUI/OVI lawyer in Ohio should be able to discuss it with you.

Common Mistakes in Ohio DUI/OVI Investigations

No Ohio DUI/OVI/drinking and driving arrest is perfect and the best Ohio DUI/OVI lawyers knows this. Most Ohio DUI/OVI investigations include a number of witnesses, including police officers and the personnel who collect, store and test chemical samples.  These witnesses are human and they make mistakes. Further, most Ohio DUI/OVI investigations include a breath testing device or other testing equipment that is not always maintained according to current Ohio DUI/OVI regulations.

Do You Want Award-Winning Ohio DUI/OVI Representation?

There are over 1 million laws in the United States. I am a top Ohio DUI/OVI defense lawyer who devotes his entire practice to ONE. Because of my experience and concentrated focus, I know the Ohio DUI/OVI laws better than most attorneys in the state. I am passionate about Ohio DUI/OVI defense and I get results, however, I only accept a limited number of clients. If you’re serious about your case and want a top Ohio DUI/OVI lawyer on your team, call me, the Ohio DUI Dude at 1-844-DUI-DUDE.