A Portable Breath Test (PBT) machine is a portable breath test device used by police to help them decide whether or not to make a drunk driving arrest. It is typically given at the roadside where the drunk driving arrest is made, whereas the "official" breath test machine - the BAC Verifier DataMaster II - is located at a police station. The PBT is used for "probable cause" whereas the DataMaster is used as evidence at trial on a drunk driving charge. (The "Breathalyzer" has not been used in Washington state by police for years.) In 1999, for the first time, the law specified a protocol, WAC 448-15, for the administration of the PBT and the advisements that must be given before the PBT is administered. Here is the essence of that protocol, as set out in the Washington Administrative Code:
After advising the subject that this is a voluntary test, and that it is not an alternative to an evidential breath alcohol test as described in chapter 448-13 WAC, the operator shall determine by observation or inquiry, that the subject has not consumed any alcohol in the fifteen minutes prior to administering the test. If the subject has consumed alcohol during that period, the officer should not administer the screening test for probable cause purposes until fifteen minutes have passed. If the subject responds that they have not consumed any alcohol in the last fifteen minutes, the officer may offer the subject the opportunity to provide a breath sample into the PBT. If the subject consents, the operator will check the temperature of the device to ensure that it is within the normal operating range. The operator will then press the "read" button to obtain a sample of ambient air, and ensure that this results in a reading of 0.003 or less. The subject will be asked to exhale into the device. The device will be activated towards the end of the subject's exhalation, to capture a portion of end expiratory breath for analysis.There is a critical difference between the PBT and the "official" breath test machine - the BAC Verifier DataMaster: You do not have to submit to the PBT, but the law says that you will lose your license for at least one year if you refuse to take a legally requested DataMaster test. It is a grave mistake to confuse the two tests, but the critical legal difference between the PBT and the DataMaster frequently is not clearly explained to a driver during a drunk driving arrest and processing. These are fine legal distinctions, and a person arrested for DUI would be well advised to ask to speak with an attorney (they are available 24 hours a day by telephone in most Washington counties.). A driver who has been drinking alcohol would be well advised not to drive if his PBT result even approaches the "legal limit." Most drivers don't carry a PBT, but the manufacturers of PBTs do sell to the public and several manufacturers may be found by searching the web for "portable breath test."
