A traffic stop for the suspicion of drunk driving involves the police officer trying to determine intoxication. They have several options for doing this, including asking the driver to take a field sobriety test for signs of impairment or having them take a chemical test to determine their blood alcohol concentration (BAC) level.
One option these officers may exercise is asking a driver to take a breath test. Roadside breath tests are preliminary alcohol screening (PAS) devices, which means they can provide information to the police officer, but prosecutors cannot use the results in a criminal case against the driver.
It’s important to understand that a roadside breath test is not the same as a breathalyzer authorities use for evidential purposes. Roadside breath tests, or Preliminary Breath Test (PBT) devices, help officers establish probable cause for an arrest. They differ from evidential breath test devices (EBTs), which are typically stationary machines at police stations or testing centers.
Why can’t the results of a PAS device be used in court?
Evidential breath test devices are subject to strict calibration and maintenance standards to ensure accuracy, and their results are admissible in court. On the other hand, roadside tests are less reliable and less precise due to administrative, environmental and technological limitations.
Understanding your rights during a traffic stop
During a DUI traffic stop in Kentucky, it’s crucial to be aware of your rights. You have the right to remain silent and the right to refuse to answer questions that could incriminate you. While you must provide your driver’s license, registration and insurance information upon request, you are not obligated to answer questions about where you are going, where you have been or whether you have been drinking.
You also have the right to refuse a roadside breath test, although refusal may lead to further investigation. Knowing your rights and understanding the implications of your actions is key to making informed decisions during a traffic stop. Consulting with an attorney can provide clarity on your options and help you navigate the legal process effectively.