Facing a DUI charge in Utah? One crucial factor that might come up is the use of Portable Breath Tests (PBTs). While Utah Code Title 76 and Title 77 do not explicitly reference “portable breath” or “preliminary breath” tests, these devices are regularly used by Utah law enforcement officers during DUI arrests.
A Portable Breath Test (PBT) is a handheld breathalyzer that helps officers estimate your blood alcohol concentration (BAC). While these tests are useful during roadside stops, their results are not admissible in court to prove intoxication. However, PBTs can still be instrumental in establishing probable cause for arrest.
No, the results from a PBT cannot be used as evidence in a criminal bench or jury trial for DUI in Utah. Instead, more reliable tests, such as blood or urine tests, are preferred for determining BAC levels.
Yes, officers can use a PBT to help establish probable cause for a DUI arrest. Utah law allows PBT results as part of the evidence used in the decision to arrest, which aligns with United States v. Iron Cloud. Note that other jurisdictions may differ in their acceptance of PBT results.
Although Utah Rules of Evidence don’t apply at sentencing, making PBTs theoretically admissible, they are rarely used at this stage. More accurate tests, like blood, urine, or breathalyzer results, are typically preferred for confirming alcohol levels.
In the case of Baker v. Sunset City, the Utah Court of Appeals deemed PBTs reliable for use in administrative actions, such as employee terminations. Unlike criminal trials, the due process in these cases allows for less stringent evidence standards.
PBTs are explicitly allowed in Utah’s 24/7 Sobriety Program to monitor alcohol use. Along with blood, urine, and other breathalyzer tests, PBTs are accepted as evidence of alcohol consumption, with potential penalties for participants who test positive (see Utah Department of Public Safety Admin Rule 714-510).
Starting May 1, 2024, Utah law enforcement agencies are required to provide training on the use of PBTs as part of field sobriety tests, under Utah Code 53-25-102. As of October 2024, no specific administrative rules have been published regarding the interpretation of this statute.
If you’re facing a DUI charge in Utah, don’t hesitate. Call or text Utah DUI attorney Jake Gunter at (801) 373-6345 for a free consultation. With extensive experience in DUI defense, Jake Gunter can help you understand your rights and defend your case effectively.
