The PBT is a preliminary Breath test that is portable and usually carried by most police officers. It is recognized as being less accurate a test than the Breathalyzer test.
The PBT is utilized during traffic stops, often in conjunction with the Field Sobriety tests, to determine if probable cause exists of intoxicated or impaired driving.
The PBT is a preliminary Breath test that is not admissible at your trial as substantive evidence.
You are not required by law to take the PBT, and refusing to take this test is a civil infraction.
The PBT is NOT to be confused with the Breathalyzer machine.
The Breathalyzer Machine is the Alcohol Breath test that is taken after you have been arrested and taken to the police station for booking and processing.
Do you have to take the Breathalyzer test?
No, you have the right to refuse. But….be warned however because a refusal is an automatic, irreversible suspension of license (in every state).
Michigan has what is known as an implied consent law. This means that by applying for and accepting a Michigan driver’s license, you have given your consent to submit to a chemical test (breath, blood, or urine) if an officer arrests you on suspicion of drunk driving. The implied consent law also imposes penalties for refusing to submit to the chemical test.
It is implied that a person who is lawfully arrested for the crime of Operating while intoxicated, impaired will consent to a breathalyzer machine test, when in police custody, and the refusal to take said test will result in a 1 year license suspension.
Be warned, if you refuse to take the Breathalyzer test, it is guaranteed the officer will get a warrant to draw your blood. Blood tests are more accurate, and require a warrant.
Breathalyzers are less accurate than blood tests and calibrated to the “average” person.
There are many false positive factors and failing to comply with the requirements of the testing protocol can result in inaccurate results.
DUI – Legality: protection from “imminent public danger”
Same rules as any other traffic stop.
The Supreme Court ruled random checkpoints for finding drugs are unconstitutional. “We cannot sanction stops justified only by the generalized and ever-present possibility that interrogation and inspection may reveal that any given motorist has committed some crime.”
Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers.
If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer.
Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
Contact us for a free no-obligation case evaluation 800-656-3557.
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