What is a DUI Preliminary Breath Test In Maryland
Reader’s Question:
My daughter was given a test she mentioned as the preliminary breath test when she was arrested for DUI here in Maryland. What is this test and what are its possible flaws?
Lashawn
Wheaton-Glenmont, MD
The preliminary breath test (PBT) that was given to your daughter when she was arrested for DUI in Wheaton-Glenmont, Maryland is simply a hand-held breath test. This is usually part of the field sobriety testing conducted by police officers in a DUI investigation.
There are certain administrative agency rules concerning the use of the preliminary breath test. Obviously, if these rules are not followed, there could be possible flaws in the use of the device. The preliminary breath test could not have a systematic error exceeding 10%. Of course, this would call into doubt any blood alcohol content reading of 0.08%. Furthermore, the test should be maintained pursuant to the manufacturer’s procedures and instructions. If you ask the officer what these procedures are, what type of device or PBT was used and if the officer answers he doesn’t know, that means the government doesn’t comply with the rule. The PBT doesn’t have any evidentiary exceptions to basic rules of evidence as does the official test after the DUI arrest.
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