There is a great deal of confusion about the about the uses of the roadside breath test employed in many Georgia DUI cases.

The roadside breath test is commonly called a preliminary breath test or PBT.  These devices are handheld and they cannot be used to establish a "per se" violation under Georgia DUI law.  These devices are intended to be used as screening devices to detect the presence of alcohol and to assist officers in making an arrest decision.  At trial, the numerical results of a PBT are generally not admissible into evidence.  Under certain circumstances, the PBT numerical results become admissible, such as when a defendant testifies to the numerical results.  Then, the police officer may testify to the numerical result in order to rebut testimony about the numerical result of the PBT, which otherwise would not have been admitted.

Many subjects arrested for DUI are confused when an officer reads Georgia's implied consent warning and requests a breath test after they have already submitted to the PBT.  The implied consent warning must be read to a defendant before the defendant submits to the state-administered test which can be used to prove the "per se" DUI charge.  It should be noted that confusion over whether the PBT is the state-administered breath test is generally not a defense to an officer's allegation that you refused the state-administered breath test.  A defendant's failure to submit to a requested state-administered breath test based on his or her belief that they have already submitted a breath sample, which was actually a PBT, can be the basis for an administrative license suspension action for refusing the state-administered test.  Be very careful in responding to the officer's request after the implied consent warning is read.