The Preliminary Breath Test

The Preliminary Breath Test

On May 12, 2006, the Rhode Island Department of Health adopted Rules and Regulations concerning the use of a Preliminary Breath Test in Rhode Island.  The Preliminary Breath Test involve a chemical analysis of a driver’s blood alcohol concentration at the scene and typically is administered after the Field Sobriety Tests.

According to the Rules, the purpose of a Preliminary Breath Test is to guide the officer in deciding whether to make an arrest.  A police officer can ask a driver to submit to a Preliminary Breath Test only if he has reasonable suspicion to believe that the driver is driving under the influence.  The results of the Preliminary Breath Test cannot be admitted as evidence in any DUI case or Refusal case.  In that regard, the purpose of a Preliminary Breath Test is exactly the same as the Field Sobriety Tests.

A Preliminary Breath Test must be administered by an officer who has been certified by the Rhode Island Department of Health to perform the test within three hundred and sixty five (365) days of the test.  Additionally, the Preliminary Breath Test must be administered in accordance with the manufacturer’s specifications and procedures.

Every driver has the option of refusing to take a Preliminary Breath Test, but in refusing the driver commits a traffic infraction that may involve the suspension of his driver’s license or privilege to operate a motor vehicle in this state.

There are many concerns about the accuracy of the Preliminary Breath Test as well as the manner in which they are administered.  There are reasons that a Preliminary Breath Test result is not admissible as evidence; they are just not scientifically reliable enough to be considered as evidence by a Court.

Other concerns include:

(1)  The re-calibration of the Preliminary Breath Test instruments, and how the failure to keep them re-calibrated affects the validity of the test results,

(2)  The accuracy of Preliminary Breath Test instruments outside of laboratory conditions,

(3)  The effects of cold, heat or other environmental factors on the reliability of Preliminary Breath Test devices, and

(4)  The effects of residual mouth alcohol on test results.