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The Arrest
Once the field sobriety tests are concluded, the
police officer will most likely ask the
defendant to perform a roadside breath test.
The State of Washington calls this the
Preliminary Breath Test [PBT].
Washington Administrative
Code 448-15.
This breath test is strictly VOLUNTARY.
There are no legal consequences for the criminal
court proceeding by refusing to participate in
providing a breath sample for this hand held
breath device [Alcosensor III]. The lawyers of
Kennedy &
Berner, LLP
advise defendants to decline this test.
Please
contact our
lawyers for further information.
Alcosensor III
Do not confuse the hand held breath machine with
The DataMaster or DataMaster CDM machines.
The DataMaster
DataMaster CDM
The officer will then consider the defendant’s
driving, initial observations, any voluntary
statements, the field sobriety test results, and
the PBT test results. The officer makes a
decision to arrest based upon all of the
evidence. Most likely the defendant will be
handcuffed and placed into the officer’s patrol
unit. Once the police officer places the
defendant in custody the defendant should remain
SILENT. This means the defendant should
not answer any questions or make any
statements. However, you must be cooperative
and should provide your name, address, and date
of birth. The defendant should also request
to speak with an attorney as soon as they
are arrested.
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