Richmond DUI Lawyer | Preliminary Breath Tests

Many times a police officer conducting a traffic stop for suspicion of DUI in  VIrginia will ask the driver to submit to a Preliminary Breath Test (PBT) at the scene. This is OPTIONAL in Virginia, and the officer is required to tell you the results cannot be used in court.

As an experienced DUI lawyer in Virginia with a good success rate, I can you tell you that is not completely true.

For instance, if you take the PBT and your Breath Alcohol Concentration (BrAC) is shown to be 0.05 or above, the officer will use the result to sustain his probable cause to arrest you for DUI, either alone, or in conjunction with other evidence. If you challenge the probable cause to arrest at trial -- for instance, you did well on the Field Sobriety Tests, or did not even take them -- the officer is permitted to testify as to the PBT reading to establish probable cause, though not your guilt of the charge of DUI.

Therefore, the test CAN be used against you in court, and you should carefully consider whether to take it or not.

If you have any other questions about yours, or a loved one's arrest for DUI in Virginia, complete and submit the contact form on this page, or telephone 804.726.4778, to schedule a free consulation.