Should You Consent To a Preliminary Breath Test? In Short, No.
If you are pulled over by the police and know that there may be a presence of alcohol in your body, it is not a good idea to consent to a preliminary breath test of any kind when asked by Michigan police. Why? A preliminary breath test (PBT) is just another form of a field sobriety test, such as an alphabet test, numbers test, walking test, etc.) Providing a PBT to the police will only strengthen the Prosecutor’s evidence against you for drunk driving or drugged driving. The worst that can happen if you refuse to consent to a PBT is that you may be ticketed for a civil infraction with a fine (approximately $175).
Do not confuse the Datamaster with the PBT (handheld device) that is offered before being arrested or the blood test administered after having been arrested for drunk driving or driving under the influence of drugs. If you refuse to take a breath test on the Datamaster (a large machine at the police station) after you have been arrested, this can result in a violation of the implied consent law. The implied consent law requires anyone arrested for drunk driving or drug driving to take a chemical test, otherwise, the Secretary of State will suspend driving privileges for one year and add 6 points to one’s driving record.
If you have been charged for operating while intoxicated (OWI), whether it's an OWI with a High BAC (blood alcohol content) or driving under the influence of drugs, contact the Hajji Law Firm. We are available to take your calls 24/7. Call now at (248) 599-0054!