PBT Suppressed If No Reasonable Suspicion

PBT Suppressed If No Reasonable Suspicion

Posted By Kansas DUI Attorney - Jerry Wallentine || 25-Mar-2014

Several years ago I was in court for a DUI client, arguing that the PBT results should be suppressed due to faulty notices. However, the judge ruled against me on that issue because the Kansas statute for PBT specifically stated that failing to provide the notices shall not be a defense. I would have appealed that legal issue due to the facts in my case, but we ended up prevailing against the drunk driving charge for other reasons. Therefore we didn't need to appeal anything else. I was pleased to learn that a similar issue was appealed and that the drunk driving defendant prevailed. In Kansas v. Edgar, the Kansas Supreme Court clarified that providing faulty notices can in fact lead to the suppression of the PBT results.

The Court in the same case also made another very interesting ruling that just because a DUI investigation is legally occurring, reasonable suspicion may dissipate, depending on the totality of the circumstances, such that requesting the PBT may not be legal. This is different because many judges and lawyers think that if the DUI investigation started legally, that the officer can do all the tests, without consideration of further reasonable suspicion. This just isn't the case and the criminal defense attorney should always evaluate the case step by step, with this case in mind.

Categories: Chemical Testing, DUI