Portable Pre-Arrest Breath Test Voluntary In Adult DUI / Drunk Driving Cases
Most police agencies in California now use a portable breath testing machine prior to making a DUI / Drunk Driving arrest.
In California, if the driver is older than 21 and not on DUI / Drunk Driving probation, then the portable pre-arrest breath test machine is completely voluntary. The investigating police officer is required by law to advise the person being investigated for DUI / Drunk Driving that the pre-arrest portable breath test is completely voluntary.
For years, I have been stating during many radio station interviews that post arrest breath testing machines are not accurate in determining a person’s alcohol level in their blood.
The portable pre-arrest breath testing machine is even less accurate than the post arrest breath test machine used by many police agencies at either their police stations or jails.

Myles L. Berman, Top Gun DUI Defense attorney offers unwavering support and strategic defense in DUI cases across Southern California. Experience a personal commitment to protecting your rights and securing positive outcomes.
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