What is a Portable Breath Test device and, if I refuse to be tested, 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. Texas Department of Public Safety does not approve these devices for use in criminal prosecutions or in administrative license revocation proceedings. There is no “implied consent” for purposes of compelling a person to submit to a PBT. Accordingly, there is no driver’s license suspension when a person refuses to a law enforcement request to submit to a PBT. Attorney note: These devices are similar to those you may find advertised in the newspaper. As you can imagine, they are not acceptable alternatives to the Intoxilyzer® 5000 because of their lack of accuracy.
