(625 ILCS 45/5-16b) (from Ch. 95 1/2, par. 315-11b)
Sec. 5-16b. Preliminary breath screening test. If a law
enforcement officer has reasonable suspicion to believe
that a person is violating or
has violated Section 5-16 or a similar provision of a local
ordinance, the officer, prior to an arrest, may request the
person to provide a
sample of his or her breath for a preliminary breath screening test using a
portable device approved by the Illinois State Police. The results of
this preliminary breath screening test may be used by the law enforcement
officer for the purpose of assisting with the determination of whether to
require a chemical test as authorized under Section 5-16 and the
appropriate type of test to request. Any chemical test authorized under
Section 5-16 may be requested by the officer regardless of the
result of the preliminary breath screening test if probable cause for an arrest
exists. The result of a preliminary breath screening test may be used by the
defendant as evidence in any administrative or court proceeding
involving a violation of Section 5-16.
(Source: P.A. 102-538, eff. 8-20-21.)
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