What is a portable breath test device and if I refuse it, will I lose my license ?
A portable breath test device, commonly referred to as a PBT, is an electronic alcohol breath tester. It is generally the size of a cigarette package and is carried by the officer in the field as a tool to help him determine if a driver is intoxicated. These devices are not approved by Texas Department of Public Safety for use in criminal prosecutions or in administrative license revocation proceedings. Moreover, neither the Texas judiciary nor the vast majority of the scientific community have not recognized PBT’s as being accurate or reliable devices for the detection of intoxicated drivers. There is no “implied consent” for purposes of compelling a person to submit to a PBT. Accordingly, there is no driver’s license suspension where a person refuses to a law enforcement request to submit to a PBT.
