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Preliminary Breath Tests – PBT's

PBT's are administered by officers out in the field, to help verify if the motorist has been driving under the influence. Because PBT's are not as accurate as the in-station DataMaster machines, the results are typically not admissible, although there are exceptions to that rule (e.g., to help defend against a challenge to the arrest; by the motorist to rebut testimony obtained by the prosecution on cross examination that the motorist’s breath alcohol was higher at the time of the offense, than when the test was administered, or by the prosecution to rebut testimony obtained by the Defendant on cross examination that the motorist’s breath alcohol was lower at the time of the offense, than when the test was administered (the “rising blood alcohol defense”)

Minors who refuse a PBT upon an officer’s request will incur 2 points on their license, while a driver over 21 will not. MCLA §257.320a(1)(u). However, an adult will incur a no-point civil infraction for refusing a request for a PBT. MCLA §257.625a(5).

Questions about PBTs?

Contact me, and we can go over any questions you may have

Learn more about Michigan DUI Laws & Protections.

Under Michigan law, your use of roads and highways is held to show your implied consent to provide breath alcohol testing. MCLA §257.625c. Thus, there are consequences for your refusal to submit to the testing, that you have “impliedly consented” to giving... Continue reading.

Michigan recently enacted enhanced penalties for first time drivers, whose blood alcohol level exceeds .17%. Under Michigan’s new “Super Drunk” law, including mandatory one-year alcohol rehabilitation, a one-year license suspension, the first 45 days of which is a so-called “hard suspension”, meaning no driving at all; during the remaining 320 days, the driver can seek restricted driving privileges, but only if monitored by a breath alcohol ignition device (or “breath interlock device”), installed and maintained in the vehicle, at the expense of the driver... Continue reading.

Using the Widmark formula, as breath alcohol testing machines do internally, and mechanically, you can calculate the anticipated blood alcohol level one would expect from consuming a certain amount of beer, wine, or hard liquor. One can also calculate how many drinks of different types of intoxicant, it would take to elevate one’s blood alcohol level to a given number. Constants are built into this well-accepted formula, to account for physiological differences between men and women, and between heavier and thinner people... Continue reading.

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