Roadside PBT breath testing – Fairfax DUI lawyer on its limits

Roadside PBT breath testing – Fairfax DUI lawyer on its limits Roadside PBT testing – Fairfax DUI lawyer on the limits of using such testing in court Roadside PBT breath testing is routinely attempted by police in Virginia DUI/DWI prosecutions. As a Fairfax criminal lawyer, I pounce on such evidence. Many — but, unfortunately, not all — Virginia judges sufficiently follow the dictates of Virginia Code § 18.2-267, which bars the preliminary/portable breath testing (“PBT”) evidence in DUI cases other than for suppression motion hearings, and bars such evidence at a suppression hearing where the following three conditions of § 18.2-267 are met: (1) The police officer must tell the suspect that s/he has the right to refuse the PBT test; (2) the police officer must advise the suspect that the results of the PBT test “shall not be admitted into evidence in any prosecution for an offense listed in subsection,” and (3)…

Read more detail on Recent Immigration Law posts –

This entry was posted in Immigration law and tagged , , , , , . Bookmark the permalink.

Leave a Reply