State v. Damon

¶42 I concur with the Court’s conclusion on issues Two and Three. As to Issue One, I strongly disagree with our conclusion that PBT results should be admitted as substantive evidence of guilt in DUI proceedings.

¶43 As acknowledged by the Court, this is not a new issue for us. In 1997, we determined in Strizich that the results of a preliminary breath test (PBT) (a/k/a preliminary alcohol screening test, or PAST) are just that-preliminary. In that case, we reviewed substantial testimony offered before the 1995 Legislative Session on the technological reliability of the testing instruments used…