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When facing an OVWI (Operating a Vehicle While Intoxicated) charge, understanding the different types of tests used to measure intoxication is crucial. At the Marc Lopez Law Firm, we frequently receive questions about the differences between roadside tests and those conducted at a police station or hospital. In this blog, we’ll break down the three primary tests used in these cases: the portable breath test, the official breath test, and the blood draw.
1. Portable Breath Test (PBT)
The first type of test you might encounter is the Portable Breath Test (PBT). This is a small handheld device used by police officers at the scene. You’ll typically blow into a tube, and the device gives an immediate reading. However, it’s important to note that the results from this test are **not admissible in court**. The PBT is primarily used by law enforcement to establish probable cause for arrest and to decide if they should move forward with more official testing. Its reliability is questionable due to potential calibration issues and environmental factors, making it unsuitable for proving guilt beyond a reasonable doubt in court.
2. Official Breath Test
Once you’ve been taken to the police station or another official testing site, you might be asked to take a more formal breath test using a larger, more sophisticated machine, such as the ECIR II. Unlike the portable breath test, the results from this machine **are admissible in court**. The machine undergoes regular calibration and the officers administering the test are certified to do so. This test is designed to provide a precise measurement of your blood alcohol concentration (BAC) and can be used to prove intoxication beyond a reasonable doubt.
3. Blood Draw
The third type of test is a blood draw, which can be conducted if you consent or if the police obtain a warrant. A nurse or medical professional typically performs this test at a hospital. Blood tests are considered very reliable and their results are also **admissible in court**. Even if you refuse to take the breath test, officers can still obtain a warrant to perform a blood draw to determine your BAC.
Implied Consent and Refusal
A common misconception is that agreeing to the portable breath test means you’ve consented to all subsequent testing. However, after the initial PBT, you are usually read an implied consent warning. This means that by driving, you have implicitly agreed to submit to chemical testing if suspected of OVWI. Refusing to take an official breath test or a blood draw can lead to severe consequences, including a marked refusal on your record and the police obtaining a warrant for a blood draw regardless.
It’s crucial to understand that you don’t get to choose which type of chemical test you’ll take. The decision rests entirely with the investigating officer. Refusal to comply with the chosen method, especially if the officer opts for a blood draw, can result in the police applying for a warrant and recording your refusal.
Key Takeaways
– Portable Breath Test (PBT): Not admissible in court, used to establish probable cause.
– Official Breath Test: Admissible in court, conducted with a certified machine at a police station or another testing site.
– Blood Draw: Admissible in court, can be performed with your consent or via a warrant.
Make The Right Call
Understanding these distinctions is critical if you’re facing an OVWI charge. If you have any questions or need legal assistance, don’t hesitate to reach out to us at the Marc Lopez Law Firm at 463-283-7387, and remember—always plead the Fifth!