I was not arrested for DUI but I have a few questions

[davidjohansen]

What is the name of your state (only U.S. law)? New York
Alright, it's only one question as of now but:

I recently was stopped for speeding early morning a few weeks ago. Upon being stopped I was asked if I was drinking, of which I had one beer but did not tell the officer
right away. Upon being taken out of the car, for a reason that isn't relative to DUI, he told me to blow in to this device. Of which he stated right away:
'this is not a breathalyzer' and he said something about an indicator, I cant recall exactly what it was.
my question is: if it wasn't a breathalyzer then what was it? He put a strip of some sort in to it before I blew, it appeared to be some sort of disposable strip/field test strip or something along those lines. the device was rather cheap looking with a plastic tube that made a beeping sound when I was done blowing.
does anyone know what this device was?

 

[justalayman]

there is a test method for alcohol in saliva that uses a paper test strip. I didn't see anything where it was used in a breath sampling device but I wouldn;'t see why it wouldn't be feasible to meld the two.

 

[davidjohansen]

there is a test method for alcohol in saliva that uses a paper test strip. I didn't see anything where it was used in a breath sampling device but I wouldn;'t see why it wouldn't be feasible to meld the two.

This would make sense, I've been google'ing my brains out trying to figure out what exactly it was. Thanks for the input

 

[mayaalex]

Serum Alcohol Test checks for the presence of Ethyl Alcohol in the blood.

 

[FlyingRon]

Most likely it was a portable breath tester. It's sort of a terminology quibble. It's not a legally admissible way of determining if you are over the per se limit, but it can lead to probable cause and supportive information for an arrest if it had happened. They both measure the same thing only the PBT is lacking the rigorous controls needed to make it legally reliable.

In NY, if the field test shows the consumption of any alcohol (which the PBT will show) then the implied consent statue allows them to compel a "chemical test" which is the real breath, blood, urine or saliva test that will be used against you both for administrative actions and in you criminal DUI case.

 

[Brian Simoneau]

Not a breathalyzer

You blew into a PBT or portable breath test devices. PBTs are used to conduct pre-arrest screening in cases where a motorist is suspected of driving under the influence. Because they are not infrared breath test instruments and do not meet certain evidentiary standards, the admissibility of their results is limited. Therefore, there are no license suspension penalties for refusing to take a PBT. Basically, they are to be treated as a pre-arrest “field sobriety evaluation” to help a police officer decide whether or not there is probable cause to make a DUI arrest.

 

[Ladyback1]

You blew into a PBT or portable breath test devices. PBTs are used to conduct pre-arrest screening in cases where a motorist is suspected of driving under the influence. Because they are not infrared breath test instruments and do not meet certain evidentiary standards, the admissibility of their results is limited. Therefore, there are no license suspension penalties for refusing to take a PBT. Basically, they are to be treated as a pre-arrest “field sobriety evaluation” to help a police officer decide whether or not there is probable cause to make a DUI arrest.

Perhaps that is true in some states, but it is not the case in Montana.
http://leg.mt.gov/bills/mca/61/8/61-8-402.htm
(4) If an arrested person refuses to submit to one or more tests requested and designated by the officer as provided in subsection (2), the refused test or tests may not be given except as provided in subsection (5), but the officer shall, on behalf of the department, immediately seize the person's driver's license. The peace officer shall immediately forward the license to the department, along with a report certified under penalty of law stating which of the conditions set forth in subsection (2)(a) provides the basis for the testing request and confirming that the person refused to submit to one or more tests requested and designated by the peace officer. Upon receipt of the report, the department shall suspend the license for the period provided in subsection (7).

(7) (a) Except as provided in subsection (7)(b), the following suspension periods are applicable upon refusal to submit to one or more tests:
(i) upon a first refusal, a suspension of 6 months with no provision for a restricted probationary license;
(ii) upon a second or subsequent refusal within 5 years of a previous refusal, as determined from the records of the department, a suspension of 1 year with no provision for a restricted probationary license.
(b) If a person who refuses to submit to one or more tests under this section is the holder of a commercial driver's license, in addition to any action taken against the driver's noncommercial driving privileges, the department shall:
(i) upon a first refusal, suspend the person's commercial driver's license for a 1-year period; and
(ii) upon a second or subsequent refusal, suspend the person's commercial driver's license for life, subject to department rules adopted to implement federal rules allowing for license reinstatement, if the person is otherwise eligible, upon completion of a minimum suspension period of 10 years. If the person has a prior conviction of a major offense listed in 61-8-802(2) arising from a separate incident, the conviction has the same effect as a previous testing refusal for purposes of this subsection (7)(b).

 

[quincy]

And what Brian wrote is also not true for New York, the state in question in this thread. Refusal leads to a license suspension.

http://dmv.ny.gov/broch/C-12.pdf

 

[HighwayMan]

And what Brian wrote is also not true for New York, the state in question in this thread. Refusal leads to a license suspension.

http://dmv.ny.gov/broch/C-12.pdf

Nope. Not with a PBT. That is not a refusal.



For the record there is no DUI in New York. It's DWI here.

 

[quincy]

Nope. Not with a PBT. That is not a refusal.



For the record there is no DUI in New York. It's DWI here.

The brochure linked is from the NY DMV and dated 2010 - and I accept that the law may have changed since then. But it states that a refusal to take a chemical test (breathalyzer) can result in a license suspension.

Why does it say that if it is not true?

 

[betachains]

The brochure linked is from the NY DMV and dated 2010 - and I accept that the law may have changed since then. But it states that a refusal to take a chemical test (breathalyzer) can result in a license suspension.

Why does it say that if it is not true?

The roadside breathanalyser test is not admissible in court in any state that I know of. Chemical test refers to a blood test or breathanalyser at the police station (or hospital in the former instance).


We have discussed it before, but the best course of action when stopped by the police is : be polite, admit nothing, do not perform FST's, do not give a roadside breathanalyser sample, submit to breath or blood test at the station or hospital. If your BAC is 0.00, then fine. If your BAC is 0.20, well then you should be punished. If your BAC is 0.08, that's when your roadside stop with FST's and PBT's come into play, and they will never be in your favor.

 

[quincy]

The roadside breathanalyser test is not admissible in court in any state that I know of. Chemical test refers to a blood test or breathanalyser at the police station (or hospital in the former instance).


We have discussed it before, but the best course of action when stopped by the police is : be polite, admit nothing, do not perform FST's, do not give a roadside breathanalyser sample, submit to breath or blood test at the station or hospital. If your BAC is 0.00, then fine. If your BAC is 0.20, well then you should be punished. If your BAC is 0.08, that's when your roadside stop with FST's and PBT's come into play, and they will never be in your favor.

Thanks for making the distinction, betachains. I didn't read carefully.

The PBT refusal is a civil infraction with fine but the license suspension comes with a refusal to submit to other testing.

 

[HighwayMan]

The PBT refusal is a civil infraction with fine...

Really? I have never heard of such a thing. If you have a statute I would like to know what it is. The PBT is meaningless as far as any type of refusal is concerned.

The PBT is not admissible in NY courts. The test may be used to help build probable cause but if you're going to lock someone up for a DWI here you'd better have alot more to go on than just a PBT.

By the way, I wouldn't take any information in a DMV brochure as being gospel.