Legal Question in Criminal Law in Minnesota

Re: PBT's

Yes, but it seldom is an issue that actually helps the defense, since it is typically only one of several claimed facts to support the legality of an arrest. "Foundation evidence" is required to get PBT machine readings into evidence, such as calibrations, etc.

Typically there are better issues for the defense than the PBT machine's reported level. PBTs are widely understood to be rough estimates, even when working properly.

Re: PBT's

In Minnesota, under Minnesota Statutes 169A.41, a preliminary breath test may be requested when:

(1) a peace officer has reason to believe from the manner in which a person is driving, operating, controlling, or acting upon departure from a motor vehicle, or has driven, operated, or controlled a motor vehicle,

(2) that the driver may be violating or has violated section 169A.20 (driving while impaired), 169A.31 (alcohol-related school bus or Head Start bus driving), or 169A.33 (underage drinking and driving).

There are differnt types of alcosensors, or preliminary breath testing devices. For each the calibration is different and is defined by the manufacturer's perations manuals. To know the specific requirements, you must know what device was used and then acquire the particular manual for that device.