|
A portable breath testing device may be used by police officers in determining whether or not a motorist is under the influence of alcohol. California had previously banned the use of these voluntary “non-evidential” screening devices for use at trial, but allows it at a pre-trial hearing at which “probable cause” for arrest is involved.
Like other “field tests”, these devices are used at the roadway. Often, police officers do not regularly check the devices for calibration. Furthermore, the manufacturer’s instructions (e.g., failing to observe a 15 minute deprivation period, waiting at least 4 minutes between tests, or clearing the prior test results) for proper use are routinely ignored. California’s Administrative Code, Title 17, contains all the information necessary for what constitutes a valid blood or breath test.
Some police agencies try to use these roadside testers as evidential tests. This is accomplished when a small printer is attached to the breath test apparatus. Unless your jurisdiction uses such a device as an official state-mandated breath test, no person should ever submit to these devices and risk a false positive result and almost certain arrest. Politely decline to give this voluntary sample, although be aware that refusal of an official breath or blood test later can be considered a refusal, triggering a license revocation.
|
