People v. Gutierrez

Defendant police officer was involved in traffic accident while off duty, and arrested for DUI; he took PBT (preliminary breath test) but refused any other testing. Defendant's drivers license was then summarily suspended. PBT results were not inadmissible under fifth amendment, as it protects against use of testimonial evidence, not physical evidence; and it prevents introduction of compelled testimony at criminal proceeds, rather than civil proceedings such as SSS proceedings. PBT statute does not require affirmative consent. Officer is not required to inform suspect of his right to refuse PBT testing. Court properly admitted PBT results, and thus court properly denied Defendant's petition to rescind SSS, as PBT showed 0.249 BAC. (CARTER and WRIGHT, concurring.)