When charged with a DUI / OVWI (Operating a Vehicle While Intoxicated), it’s important to understand the different types of tests used to determine intoxication. Law enforcement officers rely on three primary methods: the Portable Breath Test (PBT), the official breath test, and the blood draw. The PBT, conducted at the scene using a handheld device, provides immediate results but is not admissible in court due to reliability concerns. Instead, it serves as a tool for officers to establish probable cause for an arrest. Once at the police station, an official breath test is administered using a more advanced machine, such as the ECIR II, which is admissible in court and provides a legally recognized BAC measurement. Additionally, officers may opt for a blood draw, typically performed at a hospital, which is highly accurate and also admissible in court.
A key aspect of OVWI cases is implied consent, meaning that by driving, you have agreed to submit to chemical testing if suspected of intoxication. While you can refuse an official breath test or blood draw, this can lead to severe consequences, including an automatic mark on your record and officers obtaining a warrant for a mandatory blood draw. It’s also important to note that you don’t get to choose which test is administered—that decision is entirely up to the investigating officer. Understanding the distinctions between these tests can significantly impact how you handle an OVWI situation.
