Can a Preliminary Breath Test be used against me in court for my DWI case?
A preliminary breath test (PBT) is admissible only in administrative hearings and preliminary hearings for the purpose of showing probable cause for the arrest. It is important to note that a preliminary breath test cannot be used as evidence at trial to show one’s blood alcohol content (BAC).
The admissibility of a PBT is narrowly restricted by statute. The relevant provision states:
“A test administered pursuant to this section shall be admissible as evidence of probable cause to arrest and as exculpatory evidence, but shall not be admissible as evidence of blood alcohol content. The provisions of section 577.020 shall not apply to a test administered prior to arrest pursuant to this section”
You should never drink and drive, but if you’re arrested for drunk driving, a strong defense is important. Call one of our DWI lawyers today at (314) 270-2273 for a free consultation.