There are two different types of breath tests. One is administered on the side of the road. That’s called a PBT, a preliminary breath test. A lot of times the officer will simply bring it out of the trunk of his car and say, “Blow into this.” That’s not the official breath test that can be used in court. The number that shows up on that little device cannot even be said in court. And so that is not the breath test that they would use against you. The breath test that they would use against you is something that is at the police station. What they do is they will sit you down in front of a machine that looks like an old-time typewriter with a screen on it. And then you get a straw. They’ll sit there, type in your name with your driver’s license. And they’ll have you blow.
You then have to wait for a few minutes. And then you’ll give a second sample. And those two different samples are important, because, by law, they have to be within a certain range of each other, otherwise, the whole breath test can get kicked out. You need to remember, you have the right to say no. That is your Fifth Amendment right to remain silent and not incriminate yourself. You don’t have to give them any evidence to prosecute you. I prosecute your defense. We actively go about things just like the prosecutor’s going to actively go about proving their case. That’s how we prove your case, how we dismantle the prosecutor’s case, and how we go about defending you.