Any Reference to the PBT can be Prejudicial

The Iowa Supreme Court has held that even if the preliminary breath test numerical results (PBT) are not provided to the jury, merely showing the jury that the Defendant took the PBT, even without providing a numerical result, juxtaposed with the arrest, is an impermissible suggestion of a result over .08, and furthermore, the mere fact that the Defendant took the PBT is irrelevant, or has minimal relevance if any, and any such minimal relevance is substantially outweighed by the danger of unfair prejudice, and therefore, admitting into evidence the mere fact that the Defendant took a PBT, in an OWI prosecution, is a violation of Iowa Rule of Evidence 5.403 and should not be admitted into Operating While Intoxicated trials.

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