- We do not represent students against the university and we cannot advise one student directly against another student in a civil law matter.
A preliminary breath test (PBT) may be requested by a police officer who may have some reason to believe an individual may be under 21 years old and has consumed alcohol. The device tests for blood alcohol content and the results may be used as evidence of the crime.
However, without a warrant, an individual does not have to consent to take the test. Remember, an illegal search violates the Fourth Amendment. NOTE: This applies to an MIP-type of situation. It does not apply to similar blood alcohol tests administered as part of a “Drinking and Driving” situation.