Hopefully, everyone is enjoying reading these tips and finding them to be informative. Today’s tip is:
4. Never Take a Portable Breath Test. . .
If you want to know why you should refuse a request for portable breath test (PBT), see tip number 3. The same reasons for declining to participate in field sobriety tests apply to PBT’s. The only added reason you want to refuse a PBT test is because they are terribly inaccurate and unreliable; even more so than the actual breathalyzer test that is conducted at the police station. The police officer wants to use the PBT to try and detect the presence of alcohol on your breath, which would give the officer a reason to continue the investigation. You have the right to decline to take the PBT. The prosecutor will be able to use a PBT refusal against you in court, but there are no other penalties associated with it (just like field sobriety tests).
If asked to take a portable breath test, like field sobriety tests, just say “No, my attorney told me not to take portable breath tests.”
This article is not meant to be relied upon as legal advice. It is for informational purposes only. Before making decisions about Mississippi DUI you should consult a Mississippi DUI Attorney.
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