Lawyer_PBT_False_Positives

The above link is a defense attorney demonstrating how Police Officers using hand sanitizer prior to performing a PBT test, only touching the outside of the device (the attorney already had the straw in place) can inadvertently increase the PBT reading. In this test example, the increase by just touching the outside of the machine, the increase was .012. Imagine the increase by touching the straw to place it into the machine before having a client perform the test!

If you have a case where PC in any way relies upon a PBT reading, this is extremely important information.

You can get an expert to testify at trial and demonstrate in the same manner seen in the Body Cam/Dash Cam video, or specified order of steps discovered in a police report or officer interview.

You can find another video (without the attorney’s name and other inadmissible evidence) that you might be allowed to use as a demonstrative/illustrative exhibit.

Additionally, if you have a somewhat reasonable DPA, you can use it to negotiate.

See also Sheri’s Sidebar Edition #36 January 2025 for additional resources.