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What is a portable breath test (PBT)?

A portable breath test device, or PBT, is an electronic alcohol breath tester. It is generally the size of a cigarette package and is carried by the officer in the field as a tool to help him determine whether a driver is intoxicated.

Portable Breath Test is Not Approved

These devices are not approved by the Texas Department of Public Safety (DPS) for use in criminal prosecutions or in administrative license revocation (ALR) proceedings. Moreover, neither the Texas judiciary nor the vast majority of the scientific community have recognized PBTs as being scientifically accurate or reliable devices for the detection of intoxicated drivers.

There is no “implied consent” for the purposes of compelling a person to submit to a PBT. Accordingly, there is no driver’s license suspension where a person refuses to a law enforcement request to submit to a PBT.

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