What is a preliminary breath test?

A preliminary breath test (pbt) is a handheld breath alcohol testing device used by law enforcement in Vermont.

Preliminary breath tests are part of the battery of standard field sobriety tests (SFSTs) used for DUI detection in Vermont.

You are not required to submit to a preliminary breath under Vermont law, but police are not required to tell you that you can refuse it either.

If you do submit to a preliminary breath test (pbt) and your result is over .08 then Vermont police have probable cause to arrest you for DUI. This is true even if you performed perfectly and exhibited no clues on the other standard field sobriety tests.

Preliminary breath test results are not considered scientifically reliable evidence in Vermont courts, so the pbt is not admissible at a jury trial. It is allowed for the sole purpose of establishing probable cause for a DUI arrest in pre-trial proceedings.


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Vermont Civil and Criminal DUI

Most DUIs in Vermont have two components: a DUI civil and a DUI criminal. Both cases are handled at the same court, before the same judge, at the same time. Each case will have a

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What is Cash Bail?

  Cash bail in Vermont is either a secured amount of money or actual money that must be paid to allow a criminal defendant to be released from jail while awaiting trial. A bail bond

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Vermont DUIs – When are DUIs Most Common?

Vermont DUIs tend to peak around major Holidays. During the holidays, the number of travelers on our nation’s roads peaks as friends and family gather to celebrate. As a result of holiday parties and gatherings,

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Pre-Trial Motions in Criminal Defense

  After your arraignment and “before a criminal case goes to trial, the prosecutor and the defense team usually appear before a criminal court judge and make pre-trial motions — arguments that certain evidence should

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What is Exculpatory Evidence in Vermont?

Exculpatory evidence is evidence favorable to the defendant in a Vermont criminal trial that exonerates or tends to exonerate the defendant of guilt. In other words, exculpatory evidence is evidence tending to excuse, justify, or absolve the

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Vermont DUI During the Holiday Season

  The holidays are full of snow and cozy cheer in Vermont. DUI enforcement is also enhanced during the holiday season. Vermont, like many states, devotes extra resources to DUI enforcement during the holiday season.

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