One issue that comes up in DUI cases concerns the admissibility of PBT tests. Generally speaking, in DUI cases the results of a PBT test are not admissible. However, sometimes the PBT test might help the defense. In those instances, is the PBT admissible under Pennsylvania law? Defending DUI casesThe portion of the Vehicle Code dealing with chemical testing to determine the alcoholic content of blood provides in pertinent part:
Portable Breath Tests (PBTS) are tests that the police use to allegedly measure the level of alcohol in an individual's system. The way Portable Breath Tests work is that an accused is asked to breath into a small handheld machine so that the machine can measure the amount of alcohol in the person's body. Typically PBTS are used by the police as a law enforcement tool in cases where the police suspect that an individual is under the influence of alcohol. This normally occurs in cases concerning allegations of Driving Under the Influence, DUI license suspensions Underage Drinking and perhaps Disorderly Conduct charges. If someone is being investigates for one of those crimes, they should expect to be asked by the police to submit to a PBT.
Portable Breath Tests. Anyone who has been a suspect or a Defendant in a Driving Under the Influence (read more about Pennsylvania DUI Charge here), or Underage Drinking (read more about Underage Drinking Charge here) case knows what the Portable Breath Test is. Almost all individuals charged with one of these crimes, recalls when the officer produced the hand held device that they were asked to blow in right before the police officer placed them in handcuffs.