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Old 01-18-2014, 11:42 AM   #24
Knomad
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I think you will find that these are the rules regarding use of the PBT in a probable BWI situation:
PRELIMINARY BREATH TESTING (PBT) – A certified Marine Patrol officer with reasonable grounds to believe a person is BWI may request that the person submit to a PBT. A PBT is a handheld breath testing device that is used on scene prior to arrest. The results of the PBT may be introduced into evidence in a court for any relevant purpose. There is no violation for a person’s failure to submit to a PBT. The fact that a person refused a PBT may not be admissible in court except for determining whether the officer had probable cause to arrest the person. The officer must inform the person orally that failure to submit to a PBT or taking the PBT will not prevent or require a subsequent test. The results of the PBT must be given immediately to the person tested (and in writing), if requested.
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