Are Preliminary Breath Test Results Going To Be Admissible In Court?
- PBTs are almost never admitted into Court, except when you file a Motion to dismiss the case for lack of probable cause in the arrest.
PBTs are not admissible at trial with very, very few and limited exceptions. The PBT comes into Court in basically one instance: if you and your lawyer file a Motion challenging your arrest on the basis that it was not supported by probable cause, the police officer can rely on a PBT result to support his decision to arrest you as part of the probable cause.
That’s the only time a PBT will be admitted into Court, and even that would be in front of the Judge at a pre-trial hearing and not in front of the jury at trial.
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