Crystal Lake, Illinois

DUI, Portable Breath Testing Device

When you are pulled over by the Crystal Lake Illinois Police Department according to their policy you will be asked to perform Field Sobriety Tests and the PBT (or portable breath test).  While there is no requirement for you to do the field sobriety testing, you may be surprised about the portable breath test.  As it turns out there is NO PENALTY for refusing the PBT.  And the results of the PBT can’t be used at a later DUI trial.

This brings up an interesting question.  Should people arrested in Crystal Lake, Illinois for DUI take the PBT?  My opinion is this:  Maybe.  They definitely should not participate in any field sobriety testing, however if they are borderline intoxicated, it would seem that the PBT is a free shot to avoid a DUI.  If they fail the PBT, that result will not be available at trial.  If they pass, it is likely that they will be released.  Changes in DUI law have made for some interesting legal maneuvers in these cases.  Crystal Lake Illinois has PBT units in all patrol cars.

Lastly, the decision to take the Breathalyzer back at the station is more complicated and depends on whether you have had a prior DUI or suspension for DUI in the past five years.  I cover that issue in other blog posts.