If you’ve ever seen an episode of Cops, you are likely familiar with the roadside alcohol detection device known as an Alco-Sensor or PBT. This device calculates your estimated blood alcohol level by measuring the amount of alcohol in your breath. The driver blows into the device, generally during the course of a DUI investigation, and the device produces a result.

Officers are trained that they should tell suspects that the device only tells them whether or not they test positive or negative for alcohol, but this is not accurate. The device in fact gives a numerical reading, such as “0.08” or “0.00.” In Georgia, the numerical results of an alco-sensor test are not admissible in evidence, and neither is testimony that the result on the device was “high” or “over the legal limit” but whether or not the result was positive or negative for alcohol or whether a suspect “passed” or “failed” the test is admissible.

So should you take the roadside breath test if you are pulled over for DUI? A good rule of thumb is no, as the result could be potentially incriminating. Even though the number is inadmissible, it is typically still included in the police report, and prosecutors have access to this information, so a high result can make it difficult to convince the prosecutor to dismiss or reduce the DUI. However, if you have consumed no alcohol, and you are confident that the test result will be 0.00, then it may be worth it to perform the test. It is completely voluntary, and the police cannot force you to comply with the test because you are protected from compelled self-incriminatory acts and statements.

If you or a loved one have been arrested and charged with DUI, give our office a call. We offer free consultations and payment plans to help fit your budget. 404-581-0999. Written by Attorney Katherine Edmonds.