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What Is a PBT?
A “PBT” is a portable breath test. In New York and Nassau County, most officers carry a PBT in their vehicles. The PBT is a handheld breathalyzer that is used on the side of the road at the time of the arrest. The purpose of the PBT is to help the officers establish probable cause.
Importantly, however, the PBT reading may not be used against you at trial. The only BAC reading that can be used at trial is the reading that is obtained if/when you submit a breath sample back at the police station or barracks.
Still, there is a conflicting case law as to whether your refusal to submit to the PBT on the side of the road can be used against you at trial.
If you have a high PBT reading or refused the PBT on the side of the road, contact Nassau County DWI attorney Richard Hochhauser for a free consultation to discuss the nuances of your cases.
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