OWI / drunk driving · August 24, 2024

Outlaw University: Your Rights and Preliminary Breath Tests

(Ported from the firm's current site — original. For the firm to review before launch.)

Welcome back to Outlaw University and our series regarding what would I do if I were pulled over for drunk driving.

In our previous videos we talked about not answering the officers questions regarding what you've had to drink, where you've been, and who you were with.

We had a video on the standard field sobriety test and what to do there and not to take them.

This video is regarding PBT (preliminary breath test). So what do you do at this stage of the game when the officer says please blow on my hand held preliminary breath test. If it was me I would politely and kindly refuse. I would say "no thank you."

The reason is because this is a civil infraction. It is against the law if you refuse the PBT but it's a civil infraction. It's a fine. It's not a crime. You're not going to jail over it. There's no points associated with it. There's no restrictions on your driver's license, so there's no real consequence other than a little bit of money at the end of the game.

So if you've been drinking the PBT can be used to arrest you if it indicates you've been drinking alcohol so I would refuse that. You have not told the officer you've been drinking, just refused to answer. You refused the standard sobriety test, and you've refused the PBT.

So the officer still says "Ok, you're slurring your words, you smell like alcohol," and maybe there's some bad driving and the officer decides he has enough probable cause and is going to make an arrest.

Watch our next post to find out what to do when you're asked to take the chemical test.

This article is general legal information for Michigan readers, not legal advice, and reading it does not create an attorney-client relationship. Past results never guarantee future outcomes. For advice about your situation, call (269) 373-5430. Attorney advertising.