Preliminary Breath Tests (PBT) ruled inadmissible in PA

It has long been the law that Prearrest or Preliminary Breath Testing (PBT) results are not admissible in criminal trials.  The exceptions involved their usage to develop probable cause to perform admissible testing like a certified breathalyzer in a police station or to draw and test a driver’s blood.  The Pennsylvania Superior Court, however, recently modified that law in Commonwealth v. Brigidi.  The Court clarified that while PBT results are admissible in underage drinking cases if properly obtained, they are not admissible if they are not referenced in the list of approved PBTdevices published in the Pennsylvania Bulletin, calibrated, and tested for accuracy in the manner specified by regulations of the Departments of Health and Transportation.  Since, in our experience, very few PBT devices utilized in Mongomery County, Bucks County, and surrounding areas meet these requirements, this is a crucial ruling that should be examined by an experienced criminal defense practitioner in any DUI or Underage Drinking case. Contact a Pennsylvania Criminal Defense Attorney at Fairlie & Lippy if you have any questions or need to discuss your case.