Breathalyzer Tests

Breathalyzer tests are the most common type of chemical blood test used by authorities to determine someone’s blood alcohol content (BAC), although some states use other methods as well. Whether or not you should agree to a breathalyzer test is a question to ask a local DUI attorney as the answer depends heavily on state law; in some states, you may receive a stiffer penalty for refusing a certain type of test, so be sure you are well-informed on this issue before refusing.

Below you will find information about the two main types of breathalyzer tests used; you may encounter one or both of these if you are pulled over for driving under the influence (DUI).

Preliminary Breath Test

The preliminary breath test or portable breath test (PBT) is the less complex of the two main types of breathalyzer tests; the PBT is a handheld device; the suspect blows into the machine, and it produces a non-printable, LCD result.

As these results are generally not admissible in court, they are not commonly used by police officers other than as an indication of what an evidentiary breath test (EBT), discussed below, might show, and whether to go ahead and make an arrest. Accordingly, when the PBT is used, it is usually administered in conjunction with field sobriety tests, and a police officer considers all the information as a whole when deciding whether to make an arrest and send a suspect to the police station for further breath testing.

Indeed, in states where PBT readings are not admissible in court, suspects may refuse to take the test and the refusal can’t be used against them in any way. This is an important right to inform yourself about as some jurisdictions allow police officers to impound vehicles based only on a reading from a PBT. Again, though, state law differs greatly on this, though, so be careful when deciding whether or not to take a PBT during a traffic stop.

Evidentiary Breath Test

The evidentiary breath test (EBT) is the more commonly administered breathalyzer test as its results are more likely to be admissible in court. Readings are taken from a large, non-portable machine after the individual blows into a tube connected to it. Each state has its own rules for how the test should be conducted, how the equipment should be handled, and how the evidence can be introduced and used in court.

As always, a local DUI attorney would be able to advise you on the law that pertains to you, so do consult with a DUI attorney in your state on your specific situation.