Refusing a Preliminary Breath Test (PBT) or Breathalyzer

PBT Refusal and Breathalyzer Refusal

Many people ask me whether or not they have to “blow” after being pulled over for allegedly drinking and driving. This post discusses the consequences if you refuse to take the Preliminary Breath Test (PBT) and Breathalyzer test 

The PBT Test:

The PBT is a handheld device carried by most police officers for use on the road. The PBT is not admissible evidence and is only used in conjunction with field sobriety tests to determine if there is probable cause that the driver is intoxicated or impaired by alcohol. You can refuse the PBT. If you refuse the PBT, a civil infraction ticket can be issued. Refusing the PBT test is not as big of a deal as refusing the Breathalyzer test. 

The Breathalyzer test:

The Breathalyzer test is the test that you are offered once you are arrested and taken to the police station for booking.  

What happens if I refuse the Breathalyzer test?

You can refuse this test, but there are major consequences if you do. If you refuse the test, the following are the consequences: 

·     Six points are added to your driving record

·     Your license is automatically suspended for one year for your first refusal.

·     Your license will be suspended for 2 years if you refused to take the test one or more times within the preceding 7 years. There are no hardship appeals in circuit court for a restricted license in this situation.

These consequences are separate from your criminal case. For example, you may end up getting your criminal case dismissed or the charge greatly reduced, but your license will still be suspended and the points added to your driving record because of your refusal to take the Breathalyzer. 

Moreover, if you refuse the Breathalyzer test an officer will go get a warrant to do a blood draw, which is more accurate. Either way, the police are getting your Blood Alcohol Content (BAC) level.