Difference Between the PBT and Breathalyzer in Virginia
August 4, 2019 by Jean Humbrecht
The PBT and Breathalyzer test in Virginia both measure a driver’s blood alcohol content, but these tests are very different. This post discusses the difference between the PBT and Breathalyzer test in Virginia.
Timing of Test
The main difference between the PBT and Breathalyzer test in Virginia is that the pBT is a roadside test conducted as part of field sorbeirty test before the driver is arrested. The Breathalyzer test is conducted after the suspect has been arrested for DUI, Underage DUI, or Driving on a Revoked License.
Voluntary vs. Required
The first difference between the PBT and Breathalyzer test in Virginia is that the PBT is voluntary, but the Breathalyzer is mandatory under Virginia’s implied consent law.
Which Test is Required Under Virginia’s Implied Consent Law?
Another difference between pBT and the breathalyzer in Virginia are the requirements under the implied consent law. The implied consent law does not apply to the PBT, but is implicated after a suspect is arrested within 3 hours of the offense and requires a breath or blood test.
Refusal of Test
Another difference between the PBT and Breathalyzer test in Virginia is that a driver can refuse to take a PBT Va. Code §18.2-267(C)). but must take a breathalyzer test is arrested within 3 hours of the offense (operating a motor vehicle under the influence of alcohol.) If a driver unreasonably refuses to take the Breathalyzer Test, he can be charged with Breathalyzer Refusal Va. Code §18.2-268.3(A). Regarding refusal of tests, the difference between the PBT and Breathalyzer Test in Virginia is that a drier willl not be punished for refusing a PBT but will be charged with Breathazlyer refusal for refusing the breathalyzer test. Breathalyzer refusal in Virginia is punished with automatic driver’s license revoation with no restricted license at all. Second and subsequemt pffenses are crimes and carry jail time and fines in addition to longer periods of license revoation. Click here for more information on breathalyzer refusal charges in Virgiia.
Results
Another big difference between the PBT and Breathalyzer test in Virginia is that the results will not come into court against a driver in a DUI trial Va. Code §18.2-267(E)),(unless he is challenging probable cause for the DUI arrest), whereas the results from the official breathalyzer will be used against a driver in court as proof that his blood alcohol was at the level reported when he was operating a motor vehicle.
(Va. Code §18.2-268.2(B).) The law requires Virginia drivers to submit to a breath (or blood) test if arrested for a DUI (Va. Code §18.2-266), Underage DUI (Va. Code §18.2-266.1) or Driving on a Revoked License (Va. Code §18.2-272(B)) if the driver is arrested within three hours of driving. The Breathalyzer results will be used against the offender in court.
For more information on first offense Breathalyzer refusal in Virginia, click here.
For more information on second offense Breathalyzer Refusal in Virginia, click here.
For information on third offense Breathalyzer refusal convictions in Virginia, click here.