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Preliminary breath tests; rules on approval of devices , section: 28-1322

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DUI Procedure/Evidence, PBT Rules

28-1322. Preliminary breath tests; rules on approval of devices A. A law enforcement officer who has reasonable suspicion to believe that a person has committed a violation of section 28-1381 or 28-1382 may request that the person submit to a preliminary breath test or tests before an arrest. B. In addition to a breath test or tests, the officer may require that the person submit to further testing pursuant to section 28-1321. C. The director of the department of health services shall adopt rules prescribing the approval of quantitative preliminary breath testing devices.

Comments : The preliminary breath test (or PBT) is not usually admissible in Arizona DUI courts. You do not have to submit to one, and you will not lose your driver license in Arizona if you don't take it. Don't confuse the PBT with the evidentiary breath test, which is the one with the computer that looks like an old Commodore 64 or Apple II, and has the tube and the printout.

If you are arrested for DUI in Arizona, I am happy to discuss your case with you. Fell free to call me at 480-361-2446. - Daniel Jaffe, Attorney At Law

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