“Would you mind to blow into my PBT?” is a frequently asked question at the outset of many DWI investigations. The results of that PBT often drive an officer’s decision to make an arrest. In today’s episode Jake discusses the strategy and law of how to attack the results of a roadside alcohol screening device and more importantly how to use the PBT to attack the officer’s probable cause to arrest.
Uncover the order of conducting a portable breath test in relationship to the standardized field sobriety tests and why this matters for suppression purposes
Learn what the NHTSA Student Manual says about roadside screening devices and how to use the manual to attack the results of a PBT.
Discover why N.C.G.S. 20-16.3 and State v. Overocker prohibit an officer from using the numeric results of a PBT in making their arrest decision.
Understand how to use the North Carolina Administrative Code provisions on alcohol screening devices to suppress the results of a PBT.