Can I refuse a preliminary breath test when Im pulled over?
A. Yes, unless you are a commercial driver the penalties that apply for refusing the PBT are relatively minor. Michigan Law provides that refusing a preliminary breath test is a civil infraction that caries a fine but no points. The same however is not true of the evidentiary breath test, that is, the one you are given at the police station. (The Datamaster test). A conviction for refusing this test is called an implied consent violation and will result in an automatic license suspension. You will also have six points added to your record. (See Michigan License Suspension Laws). If you are a commercial driver, refusing a preliminary breath test is a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, and will result in a 24-hour out-of-service order.
