- (1) Valid results from the PBT instruments described in WAC 448-15-010 are approved for use to determine that a subject has consumed alcohol and establish probable cause to place a person under arrest for alcohol related offenses or probable cause to support issuance of a search warrant for blood to test for alcohol.
- (2) This preliminary breath test is voluntary, and participation in it does not constitute compliance with the implied consent statute (RCW 46.20.308).
- (3) For purposes of this section, valid results are considered those obtained by an operator following the approved testing protocol described in WAC 448-15-030 while using an approved PBT instrument which has been certified according to the rules described in WAC 448-15-040.
- (4) Valid results will show the test subject's breath alcohol concentration. These results may not be used on their own for determining, beyond a reasonable doubt, that a person's breath alcohol concentration exceeds a proscribed level such as anticipated under the 'per se' statutes for intoxication.
[Statutory Authority: RCW 46.61.506. WSR 16-21-026, § 448-15-020, filed 10/10/16, effective 11/10/16; WSR 08-05-029, § 448-15-020, filed 2/12/08, effective 3/14/08; WSR 99-06-047, § 448-15-020, filed 3/1/99, effective 4/1/99.]