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 sufficient facts to properly respond to a question. Nothing in this answer should be construed as creating an Attorney-Client relationship. If you need legal advice, you should contact a licensed attorney.
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 should not be considered as creating an attorney/client relationship. Michael Bouldin is an independent attorney located in Northern Kentucky. It is strongly recommended to not give any confidential information on any website.
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
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 response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
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