At the roadside, police will often ask a driver to take a Preliminary Breath Test (PBT), a handheld breath test which is largely inadmissible in court. A driver has the absolute right to refuse a PBT, and the police cannot (and will not) administer a PBT without consent. Failure to take a PBT is a civil infraction, not a criminal offense or administrative violation, and will result only in a fine. It will not result in a suspension to a person’s driver’s license. If a person refuses a PBT, the police must make their determination to arrest based on all other observations. However, if you takes a PBT and blows over the legal limit, that result ALONE can justify your arrest.
Learn more about refusals after a drunk driving arrest in Michigan here.
If you or someone you know has been charged with a refusal in a drunk driving arrest in Washtenaw County or Southeastern Michigan, contact Dan Geherin, criminal defense attorney in Ann Arbor today to answer your legal questions. (734) 263-2780
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