TDCAA Community
PBT refusal on video

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/7197017216

December 17, 2013, 16:43
Matt Heermans
PBT refusal on video
DWI case, entering the video, redacted trooper narration, any problem with D's refusal to blow into the PBT being on video?
December 18, 2013, 09:25
MDK27
Though the results would be inadmissible, the fact he refused to do it should be okay. It is akin to a field sobriety test, and a refusal to do those is always admissible. The suspect's lack of cooperation, generally, is but one factor for a jury to weigh.
December 19, 2013, 13:45
Brody V. Burks
This is one of those where you have to ask why the result would be inadmissible. There isn't anything particularly magic about not introducing PBT results- they just don't meet the Kelly test. For a refusal, the Kelly test just isn't applicable. I have routinely included video of the defendant submitting a PBT sample, and only redacted out any mention of the numerical result. I'll then ask the officer something to the effect of "Did the test indicate the presence of alcohol?" and nothing more. It's not hearsay or anything else.