Refusing a PBT after being pulled over or stopped for drunk driving is not a crime and you will not lose your driver's license if you refuse to take it. It is as mere civil infraction with NO POINTS and a fine of approximately $100. Don't confuse this with a data-master machine breath test at the police station AFTER you've been arrested for drunk driving.

A Preliminary Breath Test ("PBT") is a small hand-held device used by Michigan police officers to determine whether they have probable cause to arrest a driver for drunk driving. This is usually the cops last resort to aid their assessment that you were intoxicated while driving. The police usually ask you to take a PBT after they've had the driver conduct field sobriety tests. Some police officers may tell you that you must take a PBT. That's not true and you can refuse to take it, especially if you believe that you performed the police officers field sobriety tests well and to the best of your abilities. Taking a PBT is never a crime in Michigan and your refusal can not be used against you in a drunk driving trial with very rare and limited exceptions.

A breath/blood/urine test AFTER you're arrested for drunk driving differs from a PBT refusal. If you refuse a breath test, blood or urine test after you've arrested for drunk driving in Michigan, can lead to loss of your driving privileges. Under the Implied Consent Laws in Michigan, refusing a Breath Test at the police station (Data Master Machine) AFTER your DUI/OWI arrest, will subject you to loss of your driver's license for a 1 year (on a first refusal) unless you appeal to the Michigan Secretary of State within 14 Days of your arrest/refusal.

If you refused a breath test after a DUI arrest in Michigan, contact an experienced Criminal Defense/Traffic/DUI Attorney immediately to avoid loss of your driving privileges.

Call or Visit Us At Attorney Daniel Hajji & Associates for more information.

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