Illinois police officers and prosecutors have been cracking down on motorists driving under the influence (DUI). When a driver is stopped for a DUI, police may administer a breath test to help them determine whether the driver was in fact under the influence of alcohol at the time. You have a right to refuse these tests. In some cases, an officer will request that you submit t a breath test during the stop. Other times, the police will request a breath test at the police station after the arrest. The evidentiary value of these results depends on the type of test, and how it was administered, among other factors. If you have been charged with a DUI, it is important to contact a lawyer as soon as possible. Your attorney can evaluate the evidence that will be used against, and design a tailored defense strategy.
What Is a PBT?
A PBT, or portable breath test, is a field sobriety test administered to drivers suspected of operating their vehicle while under the influence of alcohol. You have a statutory right to refuse this test with no penalty to be imposed for the refusal. These testing machines are sometimes called “breathalyzers,” and use a chemical test to determine a driver’s blood alcohol content (BAC) levels. A PBT gives officer an immediate estimate of someone’s BAC. In Illinois, driving with a BAC over 0.08 percent is considered legally drunk, and can result in a DUI charge. However, drivers with lower BACs may also face a DUI if their impairment renders them unable to drive safely.
While a PBT is administered before arrest, a driver may find themselves being tested or retested after arrest with an evidentiary breath testing device (EBT). These devices are found at the police station, and are also used to test a driver’s BAC. These breath tests are voluntary; however, every Illinois driver consents to these tests when they receive their license. So, unlike the PBT given during the stop, refusing to submit to a breath test at the station can add the penalties of extended suspension f your driver’s license to any DUI conviction.
Using Breath Tests as Evidence
PBT results and EBT results carry different evidentiary value in court. Under state law, test results from a PBT cannot be used as evidence of DUI at a trial. These results can only be used in a pretrial motion as probable cause for arrest; that is whether the police have the legal grounds to arrest the driver for DUI.
However, the results of an EBT at the police station can be used as evidence in court at pretrial hearings and at trial. An experienced DUI lawyer may be able to use many different defenses against these test results. In some cases, the tests are not administered properly. Other times, the person administering the test does not have a valid license to do so. There may be numerous issues with the testing machine itself, which lead to inaccurate results. Your attorney can examine the unique facts of your case and determine how best to move forward with your defense.
Contact Our Schaumburg DUI Defense Law Firm
Have you been charged with a DUI? Are you concerned that the breath tests results in your case are inaccurate? If so, contact our experienced Schaumburg DUI defense attorneys today. With a combined 50 years of legal practice, Glasgow & Olsson’s team of lawyers has developed a unique approach to DUI cases. We will thoroughly analyze the circumstances of your arrest, and examine the evidence used against you. We will aggressively defend you in court, pursuing a case dismissal or reduction of charges when appropriate. Contact us today to schedule your free initial consultation now.