Portable Breath Tests

Portable Breath Tests Are NOT Admissible!

Don’t confuse voluntary portable breath tests at the roadside with the mandatory forensic breath test at the police station or jail.

Policeman holding a breathalizer

Hand-held, portable breath tests are usually NOT mandatory, implied consent tests – refusing this test won’t cost you the right to drive. The forensic devices used to obtain breath tests are usually at a police station, a jail, inside a mobile breath testing van, or in the back of a police SUV. Be aware that appellate courts in several states have determined that you have NO right to speak to an attorney before deciding whether to submit to a breath, blood or urine test being requested by an officer who has reason to believe that you MIGHT be too impaired to drive.

Copyright 2015. William C. Head. All Rights Reserved.