Law enforcement has widely embraced the technology of Portable Breath Tests (PBT's). A large majority of DUI traffic stops involve a PBT breath test. This technology can lead to the taking of shortcuts, false positives and needless arrests.
It is important to understand how law enforcement uses new technology. Our Georgia DUI Lawyers own and use PBT‘s in order to better understand how police use them during a DUIÂ sobriety check.
If used properly by police, PBT‘s can be helpful tools.
However, if used improperly, they can cause a law enforcement officer to not follow his Law Enforcement DUI training and not properly evaluate a driver for potential DUI arrest.
Even many officers do not realize that PBT‘s are not admissible for the amount of the BAC (Breath/ Blood Alcohol Concentration), but only for a reading of positive or negative for alcohol. This is because the PBT does not have many safeguards regarding calibration and residual mouth alcohol detection.
The manufacturer and the federal government’s procedures warn law enforcement officers about residual mouth alcohol and the need to have a driver not blow into a PBT until 20 minutes have passed from the driver’s last consumption of alcohol. A perfectly safe driver with residual mouth alcohol can register a high number on a PBT.
Additionally, may experiments have shown that some substances such as breath spray and even bread can cause residual mouth alcohol. Likewise, people with certain dental work, like dentures and bridges, are more susceptible to longer periods of residual mouth alcohol.
A PBT is not a license for law enforcement to forget their training and take shortcuts in an arrest. Law enforcement officers should use a PBT in conjunction with the National Highway Traffic and Safety Administration Standard Field Sobriety Tests (HGN, Walk & Turn, One Leg Stand). Unfortunately, many officers either do not know this or simply cut corners in their arrest decision.
At A. Bishop Law, Georgia DUI Attorney, Anne Bishop welcomes anyone with any DUI Portable Breath Test or Criminal Defense questions to Call or Email him. Please remember that all criminal defense initial consultations are free of charge.
If you are facing a charge that could result in a license suspension in North Georgia or Hall County, you should consider consulting a lawyer that is knowledgeable in the field. This helps to provide that best possible defenses and make the more well informed decisions regarding your rights and options when considering how best to maintain your driver’s license and avoid suspension.
About the attorney:  Anne Bishop is a Georgia lawyer with A. Bishop Law in Gainesville, Georgia and handles various DUI / DWI, Marijuana Arrests and other Georgia Criminal Defense matters.  The law office of A. Bishop Law can assist clients throughout Georgia including: Hall County (Gainesville, Oakwood, Flowery Branch), Jackson County  (Jefferson, Braselton) White County (Helen, Cleveland), Lumpkin County (Dahlonega), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), and all of Northeast Georgia.
This article and/or video should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.