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Credentials
JACK I. HYATT
DUI Attorney
Attorney Credentials: Former Assistant State's Attorney Admitted To Practice Before: The U.S. Supreme Court All Columbia Courts Federal District Court Member: Columbia State Bar Association Baltimore City Bar Association Baltimore County Bar Association University of Baltimore A.A. B.S. J.D. Honorable Discharge U.S. Army I had an open container in my car when I was stopped – is that illegal? Yes.
What is a preliminary breath test (PBT) device? Will I lose my license if I refuse such a test? The preliminary breath test (PBT) is a hand held device that the officer may use on the street to assist him in his decision whether or not to arrest a detainee. The officer is supposed to advise the driver of his/her right to refuse to submit to a preliminary breath test, and no, the driver cannot lose his/her license for a refusal to blow on the street. The results of a PBT are not admissible in court, and oftentimes the officer will not advise a detainee of the result. It is simply a tool the officer uses to help determine whether or not a driver is intoxicated.
The officer never read me my rights, what can we do about it? You probably were advised of your right to take or refuse a chemical test for alcohol and the penalties for failing or refusing the breath test. You are probably referring to the 5th Amendment "Miranda" warning about the right to remain silent and to have the assistance of a lawyer. Miranda warnings apply to police interrogation, not to preliminary questions used to determine probable cause. For that reason, Miranda warnings generally are not given in DUI cases. However, if the officer did conduct an interrogation after arrest and the Miranda rights were not read, then the prosecution may not be able to use any of your answers to the officer’ s questions against you in court.
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