Answer:
In West Virginia, and every state in the country that I’m aware of, and I have colleagues in every state that specializes in this field like I do in West Virginia, the roadside is a handheld device that is strictly a guide for the officer to help make the arrest decision, probable cause to arrest.
Is the roadside breath test admissible in court? In West Virginia, and every state in the country that I’m aware of, and I have colleagues in every state that specializes in this field like I do in West Virginia, the roadside is a handheld device that is strictly a guide for the officer to help make the arrest decision, probable cause to arrest.
It is strictly a pass-fail. Now, there’s a number that they will see on the device, but that number never gets to come into evidence.
The device itself is only evidential in nature, meaning it gets to come into a court of law if there’s certain protocol that the officer follows. Mandatory minimum 15-minute waiting period between contact with the citizen and administration of the device, sterile mouthpiece, plastic tubing unsealed.
There’s all kinds of protocol that go into it. Yes, it can come into evidence, but strictly on a probable cause standard, which is why it’s important that you have someone with experience and training, and knows how to defend these cases.
It doesn’t matter what the number is. It’s not admissible.
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