MCOLES State Licensing Practice Exam

True or False: A Preliminary Breath Test (PBT) is admissible in court.

1. True

2. False

3. Only in certain situations

4. It depends on the state

The correct answer is: False

A Preliminary Breath Test (PBT) is generally considered inadmissible in court as evidence of a driver's blood alcohol concentration (BAC). The key reason for this is that PBTs are designed to be screening tools used by law enforcement officers to determine whether a more extensive Blood Alcohol Concentration test (like a breathalyzer or blood test) is necessary. They are not as reliable as formal testing that adheres to strict legal and procedural standards. Because PBTs are often conducted on-site and without the same level of procedural rigor as evidential tests, courts typically do not accept the results as definitive proof of impairment. This is particularly important for ensuring fairness in legal proceedings, as the implied accuracy of more formal tests is higher, providing a stronger basis for any charges related to impairment. Some jurisdictions may have specific regulations regarding the use of PBTs in various contexts (like giving them a limited role in determining probable cause), but their results do not carry the same weight in court as those from a certified evidential breath test. Therefore, stating that a PBT is admissible in court is false.