You get pulled over after a night out, and the officer asks you to blow into a device. Without knowing your rights or the legal implications, you comply – unknowingly putting yourself at unnecessary risk.
In Oklahoma, there are two very different breath tests used during DUI stops and arrests. Each test serves a different purpose, carries different legal weight, and can lead to very different outcomes in your case.
Here’s what you need to know about the PBT Test and the State’s Test – what each test consists of, how they differ, and why understanding the difference is critical to protecting your rights.
What’s the PBT Test?
The Preliminary Breath Test (PBT) is a small, handheld device that officers often use during roadside traffic stops. Its purpose is to give police a quick reading of your blood alcohol content (BAC).
Because the PBT prioritizes speed and portability, it’s more prone to error than other testing methods. It is important to note that the results of a PBT cannot be used as evidence of intoxication in court – they are only used to establish probable cause for an arrest.
You don’t automatically lose your license if you refuse to take the PBT Test. The PBT Test can be thought of as an investigative tool for police, not actual evidence against you.
What’s the State’s Test?
The State’s Test is the official breathalyzer test administered after an arrest. Unlike the PBT, it is conducted by using larger, calibrated machines that provide much more accurate and reliable results.
The State’s Test’s results are admissible in court and can have serious consequences on the outcome of a DUI case. Refusing the test has immediate consequences under Oklahoma’s implied consent laws, including license suspension.
Why Understanding the Difference Matters
Many drivers don’t even realize that there are two separate breath tests. Confusing them, or not understanding their legal consequences, can lead to mistakes that may hurt your case.
The outcome of DUI cases often come down to the breath test results and how the test was administered. If you don’t know your rights, you may give up evidence unnecessarily or face harsher penalties than you should.
How a Lawyer Can Help
An experienced DUI lawyer can:
- Review whether the stop, arrest, and testing were conducted properly
- Challenge accuracy or admissibility of the State’s evidence
- Identify errors or procedural violations that may get evidence thrown out
- Work to reduce penalties or dismiss charges altogether
Often, a strong legal defense starts with the breath test. In some cases, proving that procedures weren’t followed correctly can be the difference between a conviction and a dismissal.
The Bottom Line
In Oklahoma, there are two breath tests: the roadside PBT and the official State’s Test. Only the State’s Test can be used in court – but both can impact how your case unfolds.
Understanding your rights is the first step to protecting your future. If you’ve been arrested for DUI, don’t face it alone. The right lawyer can help you challenge the evidence and fight for the best possible outcome.
We’re here to help – reach out today for a free consultation.