On Point blog, page 12 of 12
PBT – Requires Expert Testimony
State v. Kurt J. Doerr, 229 Wis.2d 616, 599 N.W.2d 897 (Ct. App. 1999)
For Doerr: John M. Carroll
Holding: A preliminary breath test (unlike certain other breath test instruments) requires expert testimony to explain its import:
The PBT device has not been approved by the DOT and does not receive a prima facie presumption of accuracy to establish a defendant’s blood alcohol level. Therefore,