If you’re pulled over on suspicion of drunk driving in Michigan, you may be asked to take a breath test. What many drivers don’t realize is that there are two very different types of breath tests — and each carries different legal consequences. Understanding the distinction can protect your license, your record, and your rights.
1. The Pre-Arrest Roadside Breath Test (PBT)
The first type is called a Preliminary Breath Test (PBT). It’s the small handheld device an officer may use before making an arrest, typically at the roadside.
Purpose:
The PBT helps the officer decide whether there’s probable cause to arrest you for Operating While Intoxicated (OWI).
Your Rights:
- You have the right to refuse a roadside PBT if you are 21 years or older.
- Refusing this test is not a crime, though it may result in a civil infraction — usually a small fine.
- There are no license points, suspensions, or criminal penalties attached to refusing the PBT for adult drivers.
Exception:
Drivers under 21 and commercial drivers may face different consequences for refusal under specific state laws.
2. The Post-Arrest Breath Test (Datamaster Test)
Once you’re arrested for OWI, the officer will ask you to take a chemical breath test, commonly conducted on a machine called the Datamaster (usually at the station).
Purpose:
This test measures your actual blood alcohol concentration (BAC) and is the official test used in court to prove intoxication.
Your Rights and Consequences:
Michigan’s Implied Consent Law applies here. By driving in Michigan, you’ve already consented to a chemical test after arrest.
- Refusing the Datamaster test can lead to:
- Automatic one-year driver’s license suspension (two years for a second refusal within seven years)
- Six points added to your driving record
- Possible warrant for a blood draw
These penalties are severe and handled separately by the Michigan Secretary of State, even if your OWI charge later gets reduced or dismissed.
Key Takeaway
The roadside PBT and the post-arrest Datamaster test are not the same thing — and the consequences of refusing them are drastically different.
- Before arrest (PBT): Optional, minor fine only.
- After arrest (Datamaster): Mandatory, major license and record penalties if refused.
Protect Your Rights Immediately
If you’ve been charged with OWI or accused of refusing a breath test, you still have options. Timing, procedure, and officer conduct all matter, and experienced legal representation can make the difference between conviction and dismissal.
Contact Hajji Law today to discuss your case and protect your driving privileges.
Call (248) 409-0484 or visit www.hajjilaw.com for a free OWI consultation.