this post was submitted on 13 Jun 2026
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103
TIL portable breathalyzers aren't generally admissable in court (sh.itjust.works)
submitted 23 hours ago* (last edited 10 hours ago) by QuinnyCoded@sh.itjust.works to c/til@lemmy.world
47 comments fedilink hide all child comments
 

The Purpose of Portable Breath Tests

Portable breath tests are commonly used by law enforcement officers to quickly estimate a person's blood alcohol content (BAC) at the scene of a suspected DUI offense. These handheld devices are designed to provide immediate results, helping officers in their decision-making process during a traffic stop or investigation.

It is essential to understand that a portable breath test is different from the more accurate breathalyzer devices used at police stations or during formal chemical testing. While portable breath tests can provide an initial indication of a person's intoxication level, they should not be considered as wholly accurate or infallible.

https://rhilllaw.com/blog/2021/03/can-a-portable-breath-test-be-used-in-court/

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[–] Grabthar@lemmy.world 7 points 12 hours ago

A related TIL is that none of these machines are built to detect blood alcohol levels. They detect any dissolved organic compound with a methyl group, most of which get absorbed into the blood orders of magnitude more easily than alcohol. Working with VOCs in an enclosed space without PPE can make you blow drunk on these. A good reason to demand a blood test when you know the machine is wrong.

[–] starlinguk@lemmy.world 25 points 17 hours ago (1 children)

Where? State law or federal law? US? Kenya? Tibet?

[–] Atomic@sh.itjust.works 6 points 15 hours ago

Well, according to this terrible website. The firm is practising in East Texas

[–] theacharnian@lemmy.ca 50 points 20 hours ago* (last edited 20 hours ago) (2 children)

Just don't drink and drive folks.

[–] Limonene@lemmy.world 13 points 15 hours ago

That won't help. Innocence is no excuse against American cops.

[–] Hawk@lemmy.dbzer0.com 5 points 13 hours ago

From the shit I've seen in the US, none of these years even matter. If the cop has made his decision that your drunk, he'll keep administering you dumb subjective tests and fail you for the slightest mistake.

[–] yggstyle@lemmy.world 38 points 21 hours ago (3 children)

Prolly should heavily fact check this for your area if you plan to either deny the test ... or take the test while believing you can utter some magic words to make the results inadmissible.

[–] rockSlayer@lemmy.blahaj.zone 12 points 19 hours ago (1 children)

Sovcits: That sign can't stop me because I can't read!

[–] yggstyle@lemmy.world 4 points 18 hours ago

I'd like to imagine this is an 80s flick with a bridge out sign resulting in some impossible hang time.

[–] snooggums@piefed.world 7 points 18 hours ago* (last edited 18 hours ago) (1 children)

In my US state refusing to take a sobriety test in any form is punishable on its own. It doesn't matter whether or not the test would be admissible in court.

[–] yggstyle@lemmy.world 3 points 16 hours ago

Theres a number of recommendations for that situation depending on state. And of course if youve actually had anything to drink. But yup. Definitely a perfect example.

[–] ZoteTheMighty@lemmy.zip 0 points 14 hours ago (2 children)

Refusing a test is always worst-case scenario. It's immediately considered as if you failed the test. The distinction made here is that the handheld meters aren't as accurate, and can't be admitted into evidence in court, so you should never refuse one.

[–] lemming741@lemmy.world 1 points 4 hours ago

Nope. They'll say you tested positive for alcohol. The specific number won't be used, only the detected presence.

[–] yggstyle@lemmy.world 1 points 13 hours ago

If memory serves (depends, check for your area) if you are going to be tested - demand blood because it takes longer and is more accurate so it provides an opportunity to process a bit more alcohol and isnt a refusal.

[–] anamethatisnt@sopuli.xyz 41 points 22 hours ago (1 children)

... according to a lawyer in Texas.

[–] Beacon@fedia.io 10 points 21 hours ago

And when you click on the link to see the source, the link is broken

[–] Nurse_Robot@lemmy.world 11 points 19 hours ago

This is highly dependent on your state. This post should be deleted.

[–] pelya@lemmy.world 21 points 22 hours ago (5 children)

In my country they are, as long as they passed a certification.

[–] Codpiece@feddit.uk 18 points 22 hours ago

Sssh. Only America matters on the internet. /s

[–] whyNotSquirrel@sh.itjust.works 5 points 21 hours ago

same here, and you have a blood check after to confirm the value if you're positive on the ~~breathnalyzererj~~device

[–] oats@piefed.zip 3 points 21 hours ago

Over here breathalysers are admissible, but you can reject to use them. Police then has to decide wether to call a doctor to draw blood.

[–] FishFace@piefed.social 3 points 22 hours ago

In my non-us country they are not, and nor are the portable drug wipes.

[–] fizzle@quokk.au 1 points 20 hours ago

In my non-us country portable ones are not admissible. They take you to the station to blow into the big machine. You can refuse of course but that doesn't lead to anything good.

[–] quediuspayu@lemmy.dbzer0.com 12 points 20 hours ago* (last edited 20 hours ago)

Where I live if you test positive with the portable one they make you wait 20 minutes and take a second test on a bigger machine. I've heard you can then challenge that second test with a blood test but they don't usually end well.

Refusing to take the breath test will bring you penal charges.

[–] MedicPigBabySaver@lemmy.world 3 points 18 hours ago

Misinformation.

[–] socsa@piefed.social 2 points 18 hours ago

Normally there are several different crimes you can be charged with for DUI/DWI which range from basically the cop just testifying that you are impaired, to actual scientific demonstration of impairment. Things like the field sobriety tests and portable breathalyzers just provide subjective evidence the cop can lean on to charge you under some impairment statute which doesn't require a blood draw or other lab calibrated test.

[–] Mitchie151@lemmy.world 4 points 22 hours ago (1 children)

In Australia, though it might vary from state to state, you can request a blood test. If there's no booze bus right there in which they'll take it, you might be able to make the cop go to the pathologist with you within a few hours during which you might dip under the limit if it was borderline. Never heard of anyone actually pulling this stunt, I'm sure it would royally piss off the cop.

[–] bjoern_tantau@swg-empire.de 3 points 21 hours ago

In Germany as well. But the blood test actually requires a judge to sign off (unless you do it voluntary).

Just say no to drug tests! Especially if you have time and the cops don't. They will usually let you go about your day as they would rather keep doing the breathaliser test with people who don't know that they can just refuse.

[–] 11111one11111@lemmy.world 3 points 20 hours ago

In non-nyc new york state (idk fuckall about nyc laws) they dont even read out the bac it just signals yes there is alcohol present or no there is no alcohol. Then you go to the precent and they test you there with a machine that give the bac%.

[–] usernametbd@lemmy.zip 3 points 20 hours ago (1 children)

Always refuse the field test and force them to use the one at the station - then your lawyer should ask for calibration records if you blow above - if these aren’t up to date (which isn’t uncommon) - they get thrown out. Don’t admit to shit. Never volunteer info to the police - keep your mouth shut.

[–] Nurse_Robot@lemmy.world 4 points 19 hours ago

In Colorado, refusing the field test automatically makes you guilty of a DUI.

[–] teyrnon@sh.itjust.works 3 points 20 hours ago

I think it depends on the state. In I think all states it should be noted refusing a breathalyzer, whether driving or not, leads to a yearlong suspension of your driver's license.

Police also have things like flashlights they can wave in your face that also tell them if you have alcohol on your breath.

[–] SirHaxalot@nord.pub 2 points 20 hours ago (1 children)

So? Isn’t it standard practice that if you’re determined to be DUI you’re arrested, taken to the station, and have to retake the test on the accurate machine which is admissible in court? I guess this might vary by region though.

[–] QuinnyCoded@sh.itjust.works 1 points 10 hours ago

yeah, it's just something I learned today

[–] Proprietary_Blend@lemmy.world 0 points 20 hours ago (1 children)

They don't usually administer these through the window of your car.

[–] DrBob@lemmy.ca 3 points 19 hours ago (1 children)

In my jurisdiction that is exactly how they do it. No field sobriety test is used. Just roll down the window and blow. Refusal is the same penalty as a DUI and will earn a trip to the police station for the real test.

[–] Proprietary_Blend@lemmy.world 2 points 16 hours ago

Interesting. Around here it comes as a nice little surprise after you parade around like a circus clown.