Michigan Preliminary Breath Test Defense Attorney
The Preliminary Breath Test is generally the first signifier that your Blood Alcohol Level (BAC) may be above the legal limit.
Driving drunk is against the law in Michigan. The Preliminary Breath Test (PBT) is one way that officers can determine if a person is intoxicated beyond the legal limit while operating a motor vehicle. Under MCL 257.625(1)(b) and (3), any driver who has a blood alcohol level of 0.08% or above will be considered to be “operating while intoxicated” or “operating while visibly impaired.” A person who is convicted may be jailed, fined, and face the possibility of having their driver’s license suspended or revoked. Our Michigan Drunk Driving Attorneys can help you when facing charges of drunk driving.
After someone is suspected of drunk driving, an officer may have that person pull onto the side of the road and attempt to conduct a field sobriety test. The PBT is commonly given after the other field sobriety tests are completed. Under Michigan law, no driver is required to consent to taking a field sobriety test of any kind. The Preliminary Breath Test is a portable and handheld device that is used to preliminarily measure a person’s alcohol level by having the driver blow into the device. The level of alcohol is then measured through a fuel cell based on the amount of alcohol traced in the air.
An officer may incorrectly make someone believe that the PBT must be conducted before the person is allowed to leave the scene. However, a person has the right to refuse to blow into the Preliminary Breath Test device, but not without some civil penalties. Anyone who refuses to take the PBT will be charged with a civil infraction and be fined between $100 to $200. Yet, for refusing to take a PBT, a person will not have to worry about facing jail time nor having his or her license suspended or revoked or points added to their driver’s license. However, the rights and penalties are different for those who are underage or operating a vehicle commercially, and as a result, a skilled attorney should be contacted immediately.
The attorneys at Kronzek & Cronkright have handled hundreds of drunk driving cases and know how to effectively argue on behalf of their clients. Commonly, the PBT results are not admissible in a Michigan court, however there are rare circumstances in which the PBT may become admissible as evidence. Attorneys can fight to prevent those rare circumstances from occurring. Also, the drunk driving attorneys at Kronzek & Cronkright can bring forth defenses to challenge the charges brought against a person accused of driving while drunk or driving under the influence of drugs (OWPD). The illegality of an officer’s traffic stop, the rate of error in the Preliminary Breath Test, and whether a person was wrongfully charged with drunk driving are a few of the many possible defenses that might be raised by our aggressive drunk driving defense attorneys. With the help of a tough, experienced criminal defense attorney, a person accused of drunk driving, impaired driving, OWI, OUI or OWPD may be able to avoid being jailed, fined, or having their license suspended or revoked.
If you are facing charges of drunk driving, impaired driving, OWI, OUI or OWPD, call us today! Our tough, tenacious criminal defense attorneys stand ready to assist you. Call us at (866) 766-5245.
