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PBT to check for any amount of alcohol?
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White Knight
Member
posted
I have a DUI case where the defendant admits to drinking alcohol 12 hours before the stop. The officer smelled alcohol, and used the Portable Breath Test (PBT) to check. The PBT registered that she did have alcohol on her breath. I know that I cannot bring in the amount that registered on the PBT, but can I have the officer testify that the PBT did detect some amount of alcohol?
 
Posts: 2 | Location: Milam County | Registered: September 22, 2003Reply With QuoteReport This Post
Richard Alpert
Member
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Fernandez v State, 915 SW2d 572 (Tex. App. - San Antonio 1996 - no pet) says yes.
 
Posts: 261 | Location: Fort Worth, Texas | Registered: February 21, 2001Reply With QuoteReport This Post
BLeonard
Member
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Richard: Shall I alert the media? A compliment for the SA COA!?
 
Posts: 723 | Location: Fort Worth, TX, USA | Registered: July 30, 2002Reply With QuoteReport This Post
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