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Do You Have to Take a Roadside Breath Test in Michigan? - Paul J. Tafelski · BSPE Legal Marketing Podcast

• 0:00
  Do You Have to Take a Roadside Breath Test in Michigan?
• 0:03
  If a police officer pulls you over in Michigan and asks you to blow into a handheld device, you might be surprised to learn that you are not legally required to comply.
• 0:12
  The roadside breath test, known as a preliminary breath test or PBT, is a small handheld device officers use during traffic stops to detect the presence and concentration of alcohol in your system.
• 0:24
  Its primary purpose under Michigan law is to help establish probable cause for an arrest, not to prove your blood alcohol level at trial.
• 0:33
  Under MCL 257.625a, an officer needs reasonable cause to believe you were driving on a public road and that alcohol may have affected your ability to operate your vehicle before requesting a PBT.
• 0:48
  That reasonable cause is typically built from observations like weaving, the odor of alcohol, bloodshot eyes, slurred speech, or your own admission that you had been drinking.
• 0:58
  Michigan drivers aged 21 and older can legally refuse the roadside PBT, but that refusal does carry a consequence — a civil infraction with a fine of up to $150 plus court costs.
• 1:11
  Refusing the PBT does not create a criminal record, does not trigger an automatic license suspension, and does not add points to a Michigan driving record for drivers over 21.
• 1:22
  Drivers under 21 face stricter rules under Michigan's zero-tolerance approach, and refusing a PBT as an underage driver results in two points added to their driving record.
• 1:34
  One of the most important distinctions Michigan drivers must understand is that the roadside PBT and the post-arrest chemical test are two entirely separate legal events with very different consequences.
• 1:46
  Refusing the handheld roadside test is not an implied consent violation, because Michigan's implied consent law applies only to the chemical test requested after a lawful arrest.
• 1:57
  Once you are lawfully arrested for drunk driving, MCL 257.625c treats any driver on Michigan roads as having already consented to a chemical breath, blood, or urine test to determine blood alcohol level.
• 2:13
  Refusing that post-arrest chemical test is an implied consent violation that carries severe consequences, including a one-year license suspension and six points added to your record for a first offense.
• 2:25
  A second refusal within seven years can result in a two-year suspension, and these sanctions apply even if the underlying drunk driving charge is later reduced or dismissed.
• 2:36
  You have only 14 days from receiving notice to contest an implied consent suspension by requesting an administrative hearing, making the timing of your response absolutely critical.
• 2:47
  When navigating these complex legal distinctions, having a knowledgeable attorney who understands Michigan's OWI laws can make a significant difference in the outcome of your case.
• 2:57
  Paul J. Tafelski is a dedicated lawyer with more than two decades of experience defending drivers charged with drunk driving in Oakland County and across Michigan.
• 3:06
  The law firm of Paul J. Tafelski, Michigan Defense Law handles both roadside testing disputes and implied consent cases for clients throughout Bloomfield Hills and the surrounding communities.
• 3:18
  Whether you are facing a PBT refusal infraction or a full OWI charge, this law firm is prepared to protect your driving privileges and build the strongest possible defense on your behalf.
• 3:29
  Contact attorney Paul J. Tafelski, Michigan Defense Law, at 248, 451, 2200, located at 2525 S Telegraph Rd suite 100, Bloomfield Hills, MI 48302, United States, to schedule your free consultation today.