April 29, 2010
Roadside Breath/Alcohol Test [PBT]
Careful procedures are required in order to ensure the accuracy of a blood alcohol test whether it is from blood or breath. There are devices in use by police departments that purport to provide a quick blood alcohol level before an arrest is made. In New Hampshire, this test is referred to as a Preliminary Breath Test.
A Preliminary Breath Test (PBT) is not to be confused with the Breathalyzer test that is administered at the police station. The PBT is usually administered (stuck in the subject’s mouth) at the time of the stop at the roadside or scene. The officer says something to the effect of “Blow into this.” Since the device is generally inaccurate and the none of the safeguards are in place that would lead to an accurate result, the outcomes of these PBT tests are not admissible for most purposes at trial but help the police to establish probable cause for a questionable arrest.
RSA 265-A:15 reads: “The police officer requesting the test shall advise orally the person to be tested that his or her failure to take the test or his or her taking of the test shall not be construed to prevent or require a subsequent test pursuant to RSA 265-A:4.” This is an instruction rarely, if ever, given. RSA 265-A:4 reads, in pertinent part: “If the law enforcement officer, authorized agent, or peace officer fails to comply with the provisions of this section, the test shall be inadmissible as evidence in any proceeding before any administrative officer and court of this state.”
These statutes together seek to prevent the inevitable confusion arising from a DWI arrest with multiple blood alcohol tests and differing consequences of refusal. Of course, the confusion remains. The practical impact is the possible exclusion of blood alcohol results obtained illegally.
