Are hand held breathalizers legal in court

Asked over 1 year ago - Salyersville, KY

I was pulled over in my drive way after going horse back riding all day long, the reason the cop was at my house was they had a complat where I had stoped and my truck kept dying and these kids where getting agerfated because I was in the way of them leaving to go to a spring formal. The parents called the police as I finally got to leave,The police officer know where I lived. He than had me to blow into a hand held (out of trunk) breathalizer machine. He said I did not blow right and put me into the car. I was not drinking. He also thettened to taser me. I was respectfull and done everthing he ask of me, He took me to jail, and I spent 8 hours in jail. never read rights andhave on idea what I blow or I charged with. I recieved nothein telling me what I was charged with.

Attorney answers (3)

  1. Stephen J. Isaacs

    Contributor Level 12

    4

    Lawyers agree

    Answered . In general in a DUI case, in Kentucky courts, the results of the portable breathalyzer are admissible to show the presence of alcohol but the level of the results are not admissible, even though KRS 189A.104 states that "the only alcohol or substance testing that is subject to refusal or enhancement of penalties provided for in this chapter is: (a) Breath analysis testing by a machine installed, tested, and maintained by the Commonwealth for that specific purpose at a police station or detention facility;"

    I strongly recommend that you retain the services of an experienced attorney to help you fight this matter.

    This answer is for informational purposes only. DO NOT rely on it as legal advice. Many times there are not... more
  2. Michael William Bouldin

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Handheld breathalyzer, also known as PBT (portable breath tests) are generally not admissible in court in Kentucky other than to show presence of alcohol. Talk to a local criminal defense lawyer. If you were not charged with anything, you may want to seek a civil rights attorney. The police do not have right to hold you in jail without any charges.

    Kentucky law does not certify specialty of practice in this area. The advice given herein is informational and... more
  3. Frank Mascagni III

    Contributor Level 20

    Answered . You need to hire a criminal defense lawyer ASAP. www.kacdl.net

    There are several issues here. Have your attorney locate Allen vs. Commonwealth, which addressed the portable breath test/results re: admissibility:

    Allen v. Commonwealth of Kentucky - DUI Lawyers Network
    www.dui1.com/DuiCaseLawDetail19124.htm
    Allen v. Commonwealth of Kentucky. 10/25/1991. This is an appeal from a ... motion to suppress the results of a preliminary breath test and a blood alcohol test.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more

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