Outlaw University: Your Rights and Preliminary Breath Tests


Welcome back to Outlaw University and our series regarding what would I do if I were pulled over for drunk driving.

In our previous videos we talked about not answering the officers questions about not answering the officers questions regarding what youโ€™ve had to drink, where youโ€™ve been, and who you were with.

We had a video on the standard field sobriety test and what to do there and not to take them.

This video is regarding PBT (preliminary breath test). So what do you do at this stage of the game when the officer says please blow on my hand held preliminary breath test. If it was me I would politely and kindly refuse. I would say โ€œno thank you.โ€

The reason is because this is a civil infraction. It is against the law if you refuse the PBT but itโ€™s a civil infraction. Itโ€™s a fine. Itโ€™s not a crime. Youโ€™re not going to jail over it. Thereโ€™s no points associated with it. Thereโ€™s no restrictions on your driverโ€™s license, so thereโ€™s no real consequence other than a little bit of money at the end of the game.

So if youโ€™ve been drinking the PBT can be used to arrest you if it indicates youโ€™ve been drinking alcohol so I would refuse that. You have not told the officer youโ€™ve been drinking, just just refused to answer. You refused the standard sobriety test, and youโ€™ve refused the PBT.

So the officer still says โ€œOk, youโ€™re slurring your words, you smell like alcohol,โ€ and maybe thereโ€™s some bad driving and the officer decides he has enough probable cause and is going to make an arrest.

Watch our next post to find out what to do when youโ€™re asked to take the chemical test.

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