No. Pbts aren’t even evidence as they’re a presumptive test. They do not need to offer not do you need to submit to anyone but the intoxilyzer at the station or a blood draw from a qualified phlebotomist. Anything outside of those two things is presumptive and is not evidence only the testimony from it is supporting first party evidence and yes that including fst’s like the walk and turn or hgn.
Its not, the officers testimony about what they saw/smelled however is. Imo officers testimony is too weighty at the moment and should count for less but it is what it is.
She also fucked up bad by saying it smelled like “alcohol” alcohol is colorless and odorless, she should get slightly more descriptive like a sweet alcohol smell which could be schnapps, brandy etc but alcohol itself cannot be discerned from legal to illegal.
It should be noted that refusal of a breathalyzer in the US has consequences that depend on the state. Refusal will get you an automatic six month license suspension and $500 fine in many.
No. Pbts aren’t even evidence as they’re a presumptive test. They do not need to offer not do you need to submit to anyone but the intoxilyzer at the station or a blood draw from a qualified phlebotomist. Anything outside of those two things is presumptive and is not evidence only the testimony from it is supporting first party evidence and yes that including fst’s like the walk and turn or hgn.
How are those not evidence but a guy sitting next to liquor somehow is?
Its not, the officers testimony about what they saw/smelled however is. Imo officers testimony is too weighty at the moment and should count for less but it is what it is.
She also fucked up bad by saying it smelled like “alcohol” alcohol is colorless and odorless, she should get slightly more descriptive like a sweet alcohol smell which could be schnapps, brandy etc but alcohol itself cannot be discerned from legal to illegal.
It should be noted that refusal of a breathalyzer in the US has consequences that depend on the state. Refusal will get you an automatic six month license suspension and $500 fine in many.
The breathalyzer (intoxilyzer) yes, correct. The roadside pbt (presumptive breath test) is not, only the testimony from the officer is.