During a traffic stop for a suspected DUI, an officer may ask you to take a breathalyzer test. In that stressful moment, it is hard to know what to do.
When testing for alcohol impairment, Kentucky law recognizes two different tests: one that uses a handheld device at the roadside and another performed at the police station. Understanding the difference between a preliminary breath test (PBT) and an evidentiary breath test (EBT) is critical for protecting your legal rights.
The preliminary breath test
The PBT is a small handheld device used by officers at the scene of a traffic stop. Its primary purpose is to help the officer determine if probable cause exists to make an arrest.
Under Kentucky statutes, the PBT is an investigative tool. This test is generally voluntary, and PBT results are inadmissible in court proceedings to prove guilt.
Drivers can typically decline this specific roadside analysis without facing automatic license suspension. Refusing the PBT simply forces the officer to rely on other evidence, such as field sobriety tests, to decide if an arrest is necessary.
The evidentiary breath test
The situation changes drastically after an arrest. The EBT takes place on a larger machine at a police station or jail. This analysis falls under implied consent laws. By operating a vehicle on Kentucky roads, drivers have already given consent to this post-arrest testing.
Refusing the EBT carries significant consequences, including:
- License seizure, followed by a court-ordered suspension at the initial arraignment
- Use of the refusal as evidence of guilt in court
- If convicted, doubled minimum jail time
- For first-time convicted offenders, loss of the community service option
These penalties apply strictly to the official station test.
Technical accuracy matters
While the refusal of a station test carries penalties, the machine itself is not infallible. Officers must observe a strict observation period before administering the breathalyzer to ensure mouth alcohol does not skew the reading.
Furthermore, the machine requires regular calibration and maintenance to remain admissible as evidence. An experienced criminal defense attorney can help. They can review the maintenance logs and administration of the test to ensure the results are accurate.