October 01, 2003, 09:15
White KnightPBT to check for any amount of alcohol?
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?
October 01, 2003, 09:32
Richard AlpertFernandez v State, 915 SW2d 572 (Tex. App. - San Antonio 1996 - no pet) says yes.
October 01, 2003, 13:48
BLeonardRichard: Shall I alert the media? A compliment for the SA COA!?