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DWI Denton County - Refusal of the Portable Breath Test

Posted By Tim Powers || 26-Oct-2011

What is a portable breath test device and if I refuse it, will I lose my license ?

by Tim Powers



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.

If you are seeking aggressive criminal representation by an experienced criminal defense attorney for your DWI case or arrest in Denton County, contact the offices of Tim Powers today. There is no charge or obligation for the initial consultation. 940.580.2899.

*Tim Powers is an attorney licensed to practice law by the Supreme Court of Texas. Nothing in this article is intended to be legal advice. For legal advice about any specific legal question you should directly consult an attorney."

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