Preliminary Breath Test (PBT)
DUI Defense Lawyers Representing Clients Accused of DUI/OWI Offenses in Ann Arbor, Detroit, Grand Rapids, Lansing, and Throughout Michigan with a PBT (preliminary breath test)
In the state of Michigan, an individual who is pulled over for suspected drunk driving may be administered a PBT, or preliminary breath test. While the results of this test are not typically admissible at trial with a few exceptions, they are admissible at a probable cause hearing, a hearing that basically determines whether an arrest is valid.
Sometimes referred to as Alcohol Testers or Breathalyzers, the preliminary breath test may not deliver accurate results of an individual's BAC (blood alcohol content), simply because the device is not frequently tested for accuracy. At Grabel & Associates, our Michigan DUI lawyers know that in many cases, an arrest based solely on a PBT result when that result is lower than 0.08% may lead to any evidence secured following an arrest being suppressed. This is due to the fact that the court may determine the police officer lacked probable cause.
Preliminary Breath Tests are Given Prior to an Arrest
The PBT is a portable breath test given prior to an arrest at roadside. As with the field sobriety test, the preliminary breath test is administered primarily to determine if a motorist has alcohol in his or her system, or is sober. Roadside Breathalyzer tests are often given in order to determine whether a more accurate breath test, the Datamaster, should be administered at the police station.
As with other breath tests including the Datamaster, equipment used in administering these tests must be properly calibrated and maintained, otherwise the results will not be accurate. Additionally, preliminary breath tests must be administered correctly by the police officer. There is a fairly good chance that the results of your breath test may be faulty, an important reason to discuss your situation with a capable Michigan criminal defense lawyer.
Refusal of Preliminary Breath Test in Michigan
While it is your right to refuse a PBT, it is important to know the advantages and disadvantages of refusing a breath test. Perhaps the most important reason not to take the preliminary breath test is that it could weaken the state's case against you. However, refusal to take the test may result in your driver's license being suspended for as long as two years. Michigan has an implied consent law that essentially means that if you are stopped for suspicion of DUI, you automatically consent to a breath test. You have every right to refuse, but because of this law you may be penalized. If you were pulled over and feel that police did not have probable cause, or were allowed to refuse a breath test without being made aware of possible driver's license suspension, you may have grounds to challenge penalties you incur for refusing the preliminary breath test.
Contact Grabel & Associates Now
Our experience in cases involving DUI and OWI offenses has proven that breath tests administered to determine the level of inebriation are highly unreliable. We understand the serious consequences individuals face if convicted, which may include fines, jail time, license suspension, and more. Our team works diligently to challenge any evidence which could lead to a conviction. Those in need of a skilled and aggressive Michigan DUI attorney who will challenge the preliminary breath test evidence can rely on our team for outstanding legal support and guidance.
We are available 24/7, so take action immediately. Contact us now by calling our toll-free number at 1-800-783-4448.