BREATH TEST REFUSALS

Breath Test Refusals

WHAT IS A BREATH TEST?

A breath test is the main way that law enforcement determines whether or not an individual has alcohol in their blood (system), and how much alcohol is present. When you drink alcohol, it gets absorbed into your blood after it travels through your stomach and into your small intestine. This blood has already been exposed to oxygen from your lungs. This oxygenated blood takes the alcohol throughout the entire body, including your brain and lungs. When you exhale, the air you blow contains whatever alcohol is in your system. A breath test measures the amount of alcohol in your breath and converts it to a number measuring your blood alcohol content. Law enforcement relies on breath tests in order to prove an individual was under the influence of alcohol during the commission of a crime, most often during a drunk driving case. It is important to understand the different types of breath tests and the purposes for which these breath tests are used.

WHAT ARE THE DIFFERENT TYPES OF BREATH TESTS?

There are two main types of breath tests that are used by law enforcement in the state of Michigan: the preliminary Breath Test (PBT), and the Datamaster. The PBT is a handheld device that police carry with them in their vehicles and is the one that the police will use on the roadside while investigating someone suspected of driving under the influence. If you register above the legal limit on the PBT, then that gives the officer the legal authority to take you into custody for further investigation and authorizes the officer to require you to take the Datamaster breath test which is located at every police station. If you register above the legal limit on the Datamaster breath test administered at the police station, then you will likely be charged with a DUI offense. The reliability and admissibility of the PBT and Datamaster are often the most hotly contested issues in a DUI case. If you are able to prove that one or both of these tests were administered improperly or illegally, then you may be able to have your DUI case dismissed entirely. If you have questions about whether or not a breath test was improperly or illegally administered to you during a DUI investigation, then call us at East Lansing DUI so we can help you get answers.

Preliminary Breath Test (PBT)

The Preliminary Breath Test (PBT), also commonly known as the breathalyzer, is a powerful device not just in its capabilities as an investigative tool; the true power in a PBT lies in its ability to give an officer the legal authority to arrest someone solely based on the results of a PBT. For example, if you are pulled over by the police and the first thing you do is submit to a PBT and it shows that your blood alcohol level is above the legal limit, then the officer can arrest you right there without having you submit to any field sobriety tests or even asking you a single question. In most cases, the PBT is the final thing that an officer will ask for you to do during a DUI stop. The first things that officers typically do during DUI stops are to question the driver and to have the driver submit to field sobriety tests. It is important to know that the results of a PBT are not admissible in court, they only give the officer the authority to arrest a presumably intoxicated driver and have that driver submit to a Datamaster breath test at the police station.

Datamaster Breath Test

The Datamaster DMT breath test machine is considered to be the most accurate way to measure someone’s blood alcohol content short of a blood draw. The Datamaster measures an individual’s level of alcohol in their breath through the use of an infrared light beam. Alcohol is known to absorb this type of light, so when an individual exhales into this machine, the amount the light is reduced is calculated into a blood alcohol content. This machine requires a knowledgeable user and regular calibration or else the results could prove unreliable and inaccurate. The Datamaster differs from the PBT because the results of a Datamaster breath test are admissible in court and are generally the results that lay the scientific foundation for a DUI charge.


FAQs

  • What Happens If I Refuse a PBT?

    If you are pulled over by the police and refuse to take a PBT, then you can be written up for a civil infraction for refusing the test. There are no points associated with refusing a PBT nor are there any driver’s license sanctions that will be levied against you. The most that you can be fined is $150 plus court costs for a refusal. If a driver refuses a PBT, the investigating officer will then rely on other parts of his or her DUI investigation in order to determine if you should be taken into custody or not. A refusal of a PBT on its own is not an arrestable offense. 

  • What Happens If I Refuse a Datamaster?

    Refusing the Datamaster breath test at the police station has much bigger ramifications and potential penalties than does refusing a PBT. If you refuse to take the Datamaster breath test, then you will likely be considered in violation of Michigan’s implied consent law. This can result in your driver’s license being suspended and will also prompt the police to call a magistrate for a warrant to require you to submit to a blood draw at a nearby hospital. Six points will also be added to your driver’s license for a Datamaster refusal. If your license is suspended due to refusing a Datamaster, you may be able to have your driving privileges restored through a hardship appeal of your implied consent suspension.

HOW EAST LANSING DUI CAN HELP

If you are facing a criminal charge or are being investigated for one, then it is important to speak to an experienced Michigan criminal defense attorney immediately. At Zeineh Law, we are proud to offer free consultations to all prospective clients.


If you are in the process of choosing your attorney or are looking for an honest assessment of your legal situation, then our attorneys are available to help you now. Feel free to contact us anytime at (517) 292-7000 or email. Our advice is free, and our conversations will always be protected by attorney-client privilege. Make your first choice towards freedom with a consultation with an experienced criminal defense attorney at Zeineh Law today.

EAST LANSING DUI FREE CONSULTATIONS

At East Lansing DUI, we understand that this might be your first run-in with the law. It is normal to have some questions and worry about what the outcome of your case might be. Because of this, we are proud to offer free consultations to anyone facing a breath test refusal charge. Simply call us at (517) 292-7000 or contact us online to arrange a consultation with one of our attorneys. It could be the call that saves you from the consequences of a breath test refusal conviction.

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