Ohio DUI Law - Refusal to Take a Portable Breath Test

Most people are aware that there are penalties for refusing to take the alcohol test back at the station. But the police often pull out a hand held device called a Portable Breath Test (also known as a PBT) and ask that you take it. They will tell you that if it shows that you have not been drinking they will let you go. But they might not even if you pass, suspecting you of being under the influence of some drug other than alcohol.

The question is whether the read out of the PBT at the scene of the stop can come into evidence, either to establish probable cause or to establish guilt at trial. Ohio’s Eight District Court of Appeals has held that:

As the Third Appellate District explained, “the results of the PBT are inadmissible because the Ohio Department of Health no longer recognizes the test. Therefore, the results of the … PBT could not serve as probable cause to arrest the appellant for driving under the influence of alcohol.” State v. Ferguson, Defiance App. No. 4-01-34, 2002 Ohio 1763. See also State v. Anez (2000), 108 Ohio Misc. 2d 18, 738 N.E.2d 491.

So not only is there no penalty for refusing this test, but it isn’t even admissible into evidence. So taking it or not isn’t going to effect you negatively, and it might cause the officer to let you go.