I've got a DWI coming up where the PBT was used but the intoxilyzer was refused.

I'll research it of course, but what's the general rule on the PBT and its evidentiary restrictions?

Number is not admissible, but it can be used to show part of the arrest decision in the totality of the circumstances. I have had officers testify that the PBT result was consistent with the rest of their observations. That basically shows that it was high, without saying it. DOn't have any caselaw on it handy though.

Thanks! Appreciate it.

Just like in using a radar, someone will have to testify as to the science of the PBT, how it works and that it was used correctly. Probably should get some published materials that can be admitted in the record to support its admission for the limited purpose of establishing probable cause.

Not sure you could establish it as sufficiently reliable to use to prove guilt.

Check out Fernandez v. State, 915 s.w.2d 572 (Tex. App.--San Antonio 1996); Adams v. State, 156 S.W.3d 152 (Tex. App.--Beaumont 2004); and Fowler v. State, No. 04-06-00777-CR, 2007 Tex. App. LEXIS 6451 (Tex. App.--San Antonio Aug. 15, 2007).

Janette A