The Portable Breath Test

Valdez | Malcolm advises clients to not take the breath test that officer’s carry in their vehicles. This test is called the portable breath test (PBT) and you are not required to take it. Refusing to take the PBT will often lead to your arrest, but the fact that you refused it cannot be used against you later at trial.

Results of the PBT are also not admissible as evidence at trial. However, the prosecutor may use the PBT results prior to trial to prove that the officer had a legal basis to arrest you.

The Breath Test at the Police Station

In most cases it is advisable to take the breath test at the station. In Washington, the breath test at the station is called the DataMaster. If you refuse to take the breath test at the station your driver’s license will be revoked for at least one year (and even longer if you have had prior DUI convictions).

Interesting Facts about Breath Tests

A perfectly working breath test machine is going to be completely accurate only 11% of the time. Many variables affect a person’s breath alcohol content (BAC).

• Alcoholics eliminate alcohol faster than people who don't drink often.
• Different ethnicities eliminate alcohol at different rates.
• A higher breath temperature will increase the breath alcohol content.
• Illness or infections can raise your core body temperature which raises your breath alcohol content.

This page will be updated soon with even more information about Washington's DataMaster.

If you or a friend has been arrested for DUI call Valdez | Malcolm.

Karlie Valdez
(206) 718-4498 (cell)
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Sean Malcolm
(206) 228-9514 (cell)
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