Officer Wouldn't Show Driver The Portable Breathalyzer Result

[ChrisTX]

I was arrested for a DWI in Travis County Texas. I blew into the PBT machine and watched it go down to .04 but the officer hid it from me(or so he thought) and wouldn't tell me the results. Only saying that he now has reason to believe that I had been drinking.Subsequently I did not submit my breath at the station for fear of him doctoring the machine because it was only him and I in the room. I asked him several times what were the results and he wouldn't tell me

My question is this: Is it normal for an officer, who is a DWI task force officer no less, to hide the results of the PBT? If I would have blown higher wouldn't he normally show it to the camera?

[cdwjava]

Only saying that he now has reason to believe that I had been drinking.

A .04 WOULD seem to indicate drinking ... not, by itself, DUI, but, drinking. Also, the PBT in the field is merely part of the field sobriety test, that's it.

Subsequently I did not submit my breath at the station for fear of him doctoring the machine because it was only him and I in the room.

BAD idea!!

Your refusal will almost certainly result in a license suspension, AND, it can likely be used against you as consciousness of guilt.

Also, I wouldn't begin to know how to "doctor" a test result as the operator (even if I wanted to), and I doubt this officer would, either.

I asked him several times what were the results and he wouldn't tell me

I don't know TX law, but I doubt he has to tell or show you the PBT result in the field. The official test at the station or the jail, he might.

My question is this: Is it normal for an officer, who is a DWI task force officer no less, to hide the results of the PBT? If I would have blown higher wouldn't he normally show it to the camera?

What is "normal" and what is lawful are different matters. It's "normal" for an officer to ask for insurance and registration information along with your license ... however, there is no law mandating they ask for them. So, even if it is "normal" procedure to tell someone the results or flash it to the camera (something cars out here don't tend to have), I doubt there is any law or agency policy mandating they do so.

- Carl

[Number17]

In Texas police officers are not required to show you the results from the PBT, the results will be in the case report. A PBT is not used for determining intoxication it is used for determining alcohol in one's system.

Were you charged with DWI or DUI? Are you under 21? Blowing a .04 as a minor is an automatic license suspension because the law reads that any detectable amount of alcohol is a crime. As a minor any detectable amount results in a DUI. A minor can be charged with DWI if they blow a .08 on an Intoxilizer or do not have control of their faculties.

If you are 21 or over make sure the .04 results from the PBT are brought up at the DWI trial.

It's good that you were caught in Travis County and not Williamson County, your punishment will surely be less severe.

[jk]

not even sure but are the results of the PBT even admissable as evidence (typically). I was not aware that the PBT was a certified device and as such, was only used as an initital test to warrant a further and certified test.

I suppose since the OP refused the certified test, the initial PBT would get brought in as proof of reasonable cause to arrest and require a certified test. The results, if not certified, would not be conclusive proof of the BAC but merely that the officer had PC to arrest. The rest is up to the written laws as far as I can see it.

so, to those written laws:

it seems Texas had the forethought to include this as a definition of intoxicated:

(2) "Intoxicated" means:
(A) not having the normal use of mental or
physical faculties by reason of the introduction of alcohol, a
controlled substance, a drug, a dangerous drug, a combination of
two or more of those substances, or any other substance into the
body; or
(B) having an alcohol concentration of 0.08 or
more.

So, if the officer can prove the OP did not have the normal use of mental of physical faculties, along with the PBT, OP is guilty of DWI.

Now, OP can add a minimum of a 180 day license suspension for refusal to submit to the BAC test at the station.