PBT vs. Datamaster: Breath Test Refusals

A common question arises over the different types of breath test refusals. The penalties are not often times clear, and many people believe that they will lose their license if the refuse to submit to a preliminary breath test, commonly referred to as a "PBT."

Refusal of a PBT
A PBT is a small handheld device that measure breath alcohol through a fuel cell. It is not admissible in court except in very limited circumstances. After requesting that a motorist perform field sobriety tests, a police officer will likely indicate that there is one more test that they want the driver to perform. The last "field sobriety test" is a PBT.

Even if the motorist already passed all field sobriety tests and the officer cannot honesty say the driver appears to be intoxicated, the PBT results can be used to legally arrest a driver if the results are 0.08 or higher.

Except for commercial drivers, REFUSING THE PBT IS ONLY A CIVIL INFRACTION WITHOUT POINTS. The fines are only $100.00 to $200.00. YOU WILL NOT LOSE YOUR LICENSE FOR REFUSING A PBT.

The officer may tell a motorist that the PBT is the driver's last chance to prove that the motorist is not intoxicated. THIS IS A BALD-FACE LIE. DON'T FALL FOR IT! You will be compelled to submit to another chemical test if you are arrested, and, if the officer has sufficient reason to arrest you, the PBT is not going to help your case. IT'S BETTER TO ACCEPT THE FINE THAN RISK GOING TO JAIL.

Refusal of the Datamaster
Refusing the Datamaster is a completely different scenario. Refusing to submit to the BAC Datamaster "will result in the suspension of [the] operator's or chauffeur's license and vehicle group designation or operating privilege and . . . the addition of 6 points to [the] driver record." MCL 257.625a.

The Datamaster is a large rectangular box at the police station. The BAC Datamaster measures the amount of breath alcohol based upon infrared absorption, measuring the amount of alcohol in deep lung air. Essentially, picture holding a flashlight next to a glass of clean water and a glass of dirty water. The amount of light that is "absorbed" by the dirty water can be measured just as the amount of infrared light passing through alcohol enriched lung air can be measured. The Datamaster results are admissible in court as evidence of operating while intoxicated.

IF YOU HAVE REFUSED TO SUBMIT TO A DATAMASTER, YOU HAVE 14 DAYS TO CHALLENGE THAT REFUSAL. IF YOU DON'T CHALLENGE THAT REFUSAL, YOUR LICENSE WILL BE SUSPENDED FOR ONE YEAR.

If you're charged with a second refusal within seven years, your license will be suspended for two years.

A challenge is narrowly permitted for only four reasons, and you will need an attorney to assist you in these matters:

a) Whether the police officer had reasonable grounds to believe that the person had committed a crime described in section 625c(1).

(b) Whether the person was placed under arrest for a crime described in section 625c(1).

(c) If the person refused to submit to the test upon the request of the officer, whether the refusal was reasonable.

(d) Whether the person was advised of the rights under section 625a(6).

A "refusal [is] reasonable" if the arrested driver asks to call an attorney before submitting to the Datamaster breath test and the police do not permit the arrested driver to make a telephone call. The police are not obligated to get you an attorney at 2:00 a.m., but they are obligated to let you try to call an attorney. So, if you are stopped and arrested, always ask to call an attorney before submitting to the breath test. But, you figure, since you've already read this, why bother?

Always ask to try to call an attorney because the police might not let you! Don't lecture the police on your rights, but IF THEY WON'T LET YOU MAKE A CALL, DON'T BLOW. If you refuse to blow, they might not obtain a search warrant to draw your blood! And, if you refused to blow because they wouldn't let you try to call an attorney, you won't lose your license!

As a final note, if they let you make a call but you can't reach an attorney, you're pretty much out of luck. It's your decision after that... blow and risk being prosecuted or don't blow and risk losing your license.

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