IS THE ROAD SIDE BREATH TEST
(Preliminary Breath Test or PBT)
ADMISSIBLE AT A DWI TRIAL
IN NEW YORK?
NO. It's not admissible. The PBT is a hand-held device that is essentially a large battery that is not as accurate or reliable (and doesn't have safeguards on it to make sure the test is good...) as the chemical breath test back at the police station. Once the unit gets too old and degrades, the police throw it away! They don't even bother to repair it. The road side test is used as a measuring device to see if you have been drinking. If it tests positive on the side of the road, that will add to the police officer's probable cause argument to bring you back to the station to ask you to do a chemical test (and field sobriety testing), etc.
If you have any questions about a DWI case in Ithaca or Watkins Glen, NY (or surrounding areas), call us for a FREE CONSULTATION:
607-229-5184
By Newman & Cyr
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*DISCLAIMER: If you or a loved one if charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes of the charge--including the potential loss of your freedom.
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*Educational purposes only. Copyright Newman & Cyr PLLC 2016.
