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W. Scott Hanken Attorney at Law
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PBT's - Don't do it!
Portable Breath Tests (PBT) are used during traffic stops while investigating a potential DUI. The PBT invokes a portable breath test device that officers can use with minimal training. It’s typically done before the arrest, often within minutes of pulling you over. Officers will use the results of the PBT to consider whether to arrest you for DUI or not.
Most PBT's are notoriously unreliable. Unlike the breath test machines used in police precincts and crime labs, they have a wide margin of error from one sample to another. Similarly, they’re susceptible to being tricked by traces of alcohol still in the mouth. While other breath test machines have a “slope detector” which helps screen out this trace alcohol, most portable PBT systems do not. For this and other reasons, they cannot be accurately calibrated or certified as "accurate".
Although not admissible on the criminal charge of DUI, a PBT reading of .08 or greater will result in suspension of one's driving privileges and other non-criminal sanctions.
A myriad of defenses exist if you unwittingly make the mistake of submitting to a PBT. Those include:
Mouth Alcohol
Chewing Tobacco (or other organic material in one's mouth)
Diabetes or Low Carb Diet
GERD or Acid Reflux
Rising/Descending BAC
Mints or Candy containing ethanol
Mouthwash
Improper administration of test
Improper calibration
The best way to deal with an offer of taking a PBT is to REFUSE IT.
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National Highway Traffic Safety Administration (NHTSA) studies pertaining to Horizontal Gaze Nystagmus (HGN) suggest flaws suggesting they are not reliable indicators of a level of intoxication. Law Enforcement believe Horizontal Nystagmus, or the horizontal jerking of the eyes, is considered to be an indicator that a person is under the influence of alcohol or drugs. In addition to poor training in the administration of the test, as well as a myriad of environmental factors that can affect results, a large number of conditions unrelated to alcohol which can cause Horizontal Nystagmus. These conditions included:
problems with the inner ear labyrinth; irrigating the ears with warm or cold water under peculiar weather conditions; influenza; streptococcus infection; vertigo; measles; syphilis; arteriosclerosis; muscular dystrophy; multiple sclerosis; Korchaff’s syndrome; brain hemorrhage; epilepsy; hypertension; motion sickness; sunstroke; eyestrain; eye muscle fatigue; glaucoma; changes in atmospheric pressure; consumption of excessive amounts of caffeine; excessive exposure to nicotine; aspirin; circadian rhythms; acute trauma to the head; chronic trauma to the head; some prescription drugs, tranquilizers, pain medications, anti-convulsants; barbiturates; disorders of the vestibular apparatus and brain stem; cerebellum dysfunction; heredity; diet; toxins; exposure to solvents, PCBs, dry-cleaning fumes, carbon monoxide; extreme chilling; lesions; continuous movement of the visual field past the eyes; and antihistamine use.
#unreliable #false-indicator #refuserefuserefuse
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Finger to Nose test.......refuse, refuse, refuse. It is a non-standardized test and not reliable. Field sobriety tests are notoriously subjective—especially tests that have no official guidelines or scientific findings to ensure they are accurate. If the officer believes that a driver is under the influence, this could skew his or her perception and have a direct impact on the test score.

Not only that, but the finger-to-nose test was initially developed to assess neurological function and motor coordination. Because the police officer is not a doctor, he or she cannot tell if the driver was unable to successfully perform this test due to the consumption of alcohol or an underlying medical condition.
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A recent client review:
Life saving lawyer
5.0 stars
Posted by Casey
January 23, 2017
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Scott Hankens is by far the best lawyer in Illinois and possibly the country. He not only cares for his clients, but is passionate about his work and stays up hours after regular working hours to ensure his clients have the best possible outcome with their case. When Scott says don't worry about something, then you shouldn't worry. Believe me, I was looking at 6 years until I hired Scott. When he told me not to worry, I felt relieved knowing that I chose the best lawyer my case. He truly knows the law, and that is why he got all charges against me dropped. He not only saved my military career, but my life as well. Thank you Scott. I am forever thankful that you never gave up on me like the public defender did.

www.hankenlaw.com
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Another recent client review:
You may know the phrase guilt by association. Well when you hire Scott I would the phrase not guilty by association. He's just a pro's pro. You can see that everyone in the room, especially the man or woman wearing a robe, respects his knowledge of the law and all sides of the system. He does the little things too like easing your mind, lows the temperature in the room when you are in the place you never wanted to be, a courtroom. You don't get pie in the sky promises, instead he often underpromises and overdelivers at the end of the legal process. It was a very pleasant experience.
www.hankenlaw.com
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