I took a breath test (PBT) when the officer arrested me, do I have to take another one at the police department?
In Minnesota, there are two different types of breath tests. There is a Portable Breath Test (PBT) and a DataMaster Transportable (DMT). These tests serve two different functions, and have different requirements when asked to take them by an officer.
The PBT is a preliminary test. It is no different than the eye and balance tests that officers have you take on the side of the road. This test is used to determine if an officer is going to place you under arrest or not. However, the result of the PBT cannot be used against you in court. You are not required to submit to this test when asked by an officer. With that being said, if you refuse to take it you will almost always be placed under arrest.
The DMT is the official breath test. This is the test that can be used against you in court. You are also required to take the DMT if an officer requests it, even if you took a PBT when the officer arrests you. If you refuse to submit to the DMT, you will be charged with an additional, more serious, charge of test refusal.
If you or a loved one find themselves arrested for a DWI/DUI, the officer should give you an opportunity to contact an attorney prior to the DMT test. During this time, it is best to give one of the experienced attorneys at Gerald Miller P.A. a call to discuss your options and help you make the best decision. We are available 24/7 for situations just like this.
Expand your understanding: Minneapolis DWI Defense: What You Need to Know About Field Sobriety Tests
