Breath Tests


When the police contact you and suspect that you may have been drinking they ask for roadside tests. One roadside test is called the “pbt” for a portable breath test device. They have you blow into a handheld device. This is not the breath test that they use to determine if you lose your license. It is a screening device to see if you should be arrested and then be given a breath test. Many times in my practice I have had clients who thought that this pbt was a breath test and refused to do any more. This is then considered a refusal by the police, and you will lose your license even if the test result on the pbt was well under the legal limit. It is very important to know the difference between these tests. They do not trust the first roadside test to be reliable enough to be the official test and they must offer you the more reliable test on the big machine back at the jail or police station. Under the consent law in Colorado you have consented to do this test and if you refuse you may lose your license just for that refusal.

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