Metro-Detroit Criminal Lawyer: Can I Legally Refuse the Preliminary Breath Test in Michigan?


After the officer has conducted the field sobriety test (FST), and the officer still believes you have been drinking (which is usually the case), they will ask you to submit to the PBT. The PBT works by using a fuel cell that will oxidize your breath as it passes over the fuel cell. As the alcohol oxidizes, it will later the electrical current of the device and attempt to measure the amount of alcohol in your system. This device can in no way accurately measure the amount of alcohol in your system and as such, cannot be used against you in court to prove you were driving drunk. This device is used to find probable cause to arrest you for DUI (or OWI-Operating While Intoxicated in Michigan).

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Kevin Johnson, Incictus Legal Group, PLLC | Attorney Advertising

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