''b'' card
is the breath test the police at the time they stopped you can that be use against you? i thought the one they take at the jail was more accurate. the one at jail blew 0
2 Answers from Attorneys
Re: ''b'' card
Your question is unclear. Police in Minnesota use two types of breath-alcohol machines on people. One, is an Infrared light based machine -- the big one at the police station. The other is chemical based, small and portable -- called a "PBT" ("Preliminary Breath Test"). Neither can be as accurate as a forensic quality blood test. Relative to each other, the Infrared machine is less inaccurate typically, than the PBT.
In a so-called "B-Card" case, of a drivers license conditioned on no use of alcohol, even when not driving, PBT evidence can be used against the "B-Card" license holder. See Minn Stat Section 169A.41 and applicable Minn Rules.
Re: ''b'' card
It can be used against you in a B card violation, not in a DWI prosecution, even though it is less accurate. But, in a B card violation, they are measuring for the presence of ANY amount of alcohol, not a specific amount.
Herbert C. Kroon
Attorney at Law
Chesley, Kroon, Harvey & Carpenter
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