Legal Question in Criminal Law in Minnesota

Re: Are PBT's admissible in court?

See Minnesota Statutes Section 169A.41

http://ros.leg.mn/bin/getpub.php?pubtype=STAT_CHAP_SEC&year=current�ion=169a.41

See Subdivision 2 (5) saying that PBT evidence can be used in an underage alcohol consumption case.

Take a look at subdivision 1, though. Police are not authorized under that statute to "require" "a driver" to provide a breath sample for a PBT, without reasonable suspicion of an alcohol-related driving offense. Therefore, it appears doubtful that police can "require" a PBT sample from a person at a party, without any evidence of driving or any connection to a motor vehicle.

However, they will likely claim that they simply asked you for a sample, and you then "consented." This issue could be litigated by your lawyer effectively, depending upon what happened. The motion would be to suppress the PBT evidence. Even if suppressed, usually the underage person admitted drinking, and the police officer smelled the alcoholic beverage coming from the person, however. If they don't have those, and only the PBT, a motion to suppress the PBT might get the charge dismissed.

In the future, avoid "consenting" to a PBT when not driving operating or in control of a motor vehicle. I'm not sure about this in the context of hunting, and DNR officers, however.