Under PBT law, which statement best describes what a law enforcement officer may do with a driver suspected of DUI?

Under PBT law, which statement best describes what a law enforcement officer may do with a driver suspected of DUI?

• A. Detain driver without cause
• B. Conduct a field sobriety test as substitute
• C. Request driver suspected of DUI to submit to a chemical test
• D. Issue a citation for DUI without test

Answer: (C)

Under this framework, a portable breath test is used as a screening tool to gauge impairment but it isn’t the definitive test for DUI. The officer’s appropriate next step when a driver is suspected of DUI is to ask the driver to submit to a chemical test (breath, blood, or urine) to obtain reliable evidence of intoxication. The chemical test is what provides the court-admissible result, and it aligns with implied-consent rules that govern DUI investigations. A field sobriety test may be performed for observations, but it does not replace the need for a chemical test. Detaining someone without cause isn’t justified, and issuing a DUI citation typically relies on the results of a chemical test or sufficient evidence, not solely on a PBT reading.

Under this framework, a portable breath test is used as a screening tool to gauge impairment but it isn’t the definitive test for DUI. The officer’s appropriate next step when a driver is suspected of DUI is to ask the driver to submit to a chemical test (breath, blood, or urine) to obtain reliable evidence of intoxication. The chemical test is what provides the court-admissible result, and it aligns with implied-consent rules that govern DUI investigations. A field sobriety test may be performed for observations, but it does not replace the need for a chemical test. Detaining someone without cause isn’t justified, and issuing a DUI citation typically relies on the results of a chemical test or sufficient evidence, not solely on a PBT reading.