No. A driver can refuse a handheld roadside breath test, commonly called a preliminary breath test or PBT, but refusal does not come without consequences. Refusing a PBT is a civil infraction and may result in a fine of up to $150, plus court costs. Also, refusal does not prevent the officer from arresting you if there is other evidence suggesting that you were drinking or impaired.
Bloomfield Hills DUI refusal lawyer Paul J. Tafelski of Michigan Defense Law has spent more than two decades defending drivers charged with drunk driving in Oakland County and across the state. We handle both roadside testing disputes and implied consent cases as a DUI/OWI lawyer for clients in Bloomfield Hills and other surrounding communities.
This guide explains Michigan’s roadside breath test rules, beginning with who can be asked to take a preliminary breath test and what happens if they refuse. It also discusses how breath test results may be challenged in court, including why PBT and chemical test evidence is not always as straightforward as it may appear.
Protect your driver’s license and fight your DUI/OWI charge today. Call us at (248) 451-2200 to schedule a free consultation.
What Is a Roadside Breath Test in Michigan?
The roadside breath test, also called a preliminary breath test or PBT, is a small handheld device the police officer uses when a driver is stopped on suspicion of drunk driving or OWI. It indicates the presence and/or concentration of alcohol based on a breath sample. The purpose of the breath test and other field sobriety tests is to determine if there is probable cause to arrest you for driving under the influence.
Under MCL 257.625a(2)(b), PBT results are admissible in a criminal prosecution primarily to assist the court in determining a challenge to the validity of an arrest (probable cause), or when offered by the defense. In most Oakland County drunk driving prosecutions, the number on the handheld device is used to justify the arrest rather than to prove your blood alcohol level at trial.
When Can an Officer Require a PBT in Michigan?
An officer needs “reasonable cause” to believe you were operating a vehicle on a public road, or in a place open to the public such as a parking area, and that alcohol may have affected your ability to drive. That standard comes from MCL 257.625a(2). Reasonable cause is usually built from observations like weaving, the odor of intoxicants, bloodshot eyes, slurred speech, or an admission that you had a drink.
Drivers under 21 are treated differently. An officer may request a PBT from an underage driver based on reasonable cause to believe the driver had any bodily alcohol content at all, not just enough to affect driving. Michigan’s zero-tolerance approach means even a small measurable amount can support further testing and charges.
Can You Refuse a Roadside Breath Test in Michigan?
Yes. You can refuse to take a roadside preliminary breath test, but the refusal may not stop the officer from arresting you if there is other evidence that alcohol affected your ability to drive. Officers routinely build an OWI case from driving behavior, odor, appearance, statements, and other roadside tests.
Refusing the roadside preliminary breath test is a civil infraction, not a crime. A roadside test refusal by itself does not create a criminal record and does not trigger an automatic license suspension. For drivers aged 21 and older, it adds no points to a Michigan driving record; however, drivers under age 21 who refuse a preliminary breath test receive two points on their record. The civil infraction carries a fine of up to $150 plus court costs and is handled in the district court covering the location of the traffic stop.
It is also important to understand that refusing a roadside PBT is not an implied consent violation. Michigan’s implied consent law applies to the chemical test requested after an arrest, not the handheld breath test used at the roadside. Many drivers who were stopped in Oakland County do not realize these are two separate legal events with very different consequences.
In other words, declining the handheld test may limit the evidence available to the officer at that moment, but it does not end the investigation. An arrest, an OWI charge, and a separate request for a post-arrest chemical test can still follow.
Key Takeaway: Refusing the roadside PBT is a civil infraction, not a crime, and it does not violate Michigan’s implied consent law. It also does not automatically prevent an arrest or stop the officer from continuing the OWI investigation.
How Is a PBT Different From the Implied Consent Test?
Whether or not you take the roadside PBT, the analysis changes once you are lawfully arrested for drunk driving. At that point, Michigan’s implied consent law requires you to submit to a chemical test (breath, blood, or urine) to determine your blood alcohol level. That requirement comes from MCL 257.625c, which treats anyone who drives in Michigan as having already consented to chemical testing after a lawful arrest. And under MCL 257.625a(2)(c), taking the roadside PBT does not satisfy or excuse that separate obligation to take the post-arrest chemical test.
The two tests differ in timing, the machine used, the penalty for saying no, and how the results can be used. The table below compares them.
| Factor | Roadside PBT | Post-Arrest Chemical Test |
|---|---|---|
| When it happens | During the traffic stop, before arrest | After a lawful OWI arrest |
| Governing law | MCL 257.625a(2) | MCL 257.625c to MCL 257.625f |
| Equipment | Handheld device in the patrol car | Station breath machine, or a blood or urine sample |
| Penalty for refusal | Civil infraction, fine up to $150 plus court costs | Implied consent violation, license sanctions and points |
| Effect on license | No points, no suspension for the refusal itself | Suspension of driving privileges |
| Use in court | Limited admissibility, mainly probable cause | Admissible as evidence of blood alcohol level |
Key Takeaway: The roadside PBT and the post-arrest chemical test are legally separate. Refusing one does not excuse you from the other, and only the post-arrest refusal carries license consequences.
What Are the Penalties for Refusing the Station Chemical Test?
Refusing the chemical test after an arrest is an implied consent violation under MCL 257.625f. A first refusal typically results in a one-year suspension of your driving privileges and six points added to your record. A second refusal within seven years could result in a two-year suspension. These sanctions apply even if the underlying drunk driving charge is later reduced or dismissed.
You have 14 days from the date of the notice to contest an implied consent suspension by requesting an administrative hearing. If you do not request a hearing within that deadline, the suspension will usually take effect automatically. If the suspension is upheld or otherwise remains in place, you may still have the option, in some cases, to petition the circuit court for a restricted license.
If you refuse to take the test, or if the test shows that your BAC is 0.08 or higher, the police officer will confiscate your driver’s license and issue you a temporary paper permit. You may drive with that paper permit while it remains valid. However, the permit does not prevent a separate administrative license suspension under Michigan’s implied consent laws. In other words, the paper permit only allows you to drive temporarily after your license is confiscated; it does not stop the implied consent suspension from taking effect if no timely hearing is requested.
Bloomfield Hills DUI Refusal Attorney — Paul J. Tafelski, Michigan Defense Law
Paul J. Tafelski, Esq.
Paul J. Tafelski earned his Juris Doctor from the Detroit College of Law at Michigan State University after completing his undergraduate studies at Michigan State University. Licensed in all state and federal courts in Michigan, he is a member of the State Bar of Michigan, the American Bar Association, Criminal Defense Lawyers of Michigan, the Oakland County Bar Association, and the Advocates (Polish Bar Association). Over two decades of practice, he has handled cases from arraignment through jury trial and has been listed by Super Lawyers (2011–2013, 2017–2026) and named a Leading Lawyer (2017).
Paul has defended hundreds of clients from arraignment through jury trial. His approach to drunk driving cases starts with the evidence: the reason for the stop, the officer’s training, and whether the testing rules were followed. Michigan Defense Law handles OWI, breath test refusal, and license matters for clients in Bloomfield Hills, throughout Oakland County, and statewide.
Are Roadside Breath Tests Accurate in Michigan?
Breath tests are a notoriously unreliable way of measuring blood alcohol content. Roadside test machines can be miscalibrated, and not all police officers have the proper training to use them correctly. A breath test machine at the police station could be more accurate, but there can be serious problems because post-arrest alcohol absorption can distort the results.
In addition to miscalibration, other sources of breath test machine error include the cleanliness of the device and the officer’s hands during the test, and the possibility of exposure to other sources of alcohol besides alcoholic beverages. Evidential breath testing devices rely on a standardized 2,100:1 breath-to-blood partition ratio, which assumes average body temperature and blood composition.
Other roadside field sobriety tests should be administered by a properly trained officer and adhere to the National Highway Transportation Safety Administration’s protocols. Many officers are not trained to conduct these tests properly, which can affect how much weight a judge gives their observations.
Can You Challenge a PBT or Breath Test Result in Court?
If you think your preliminary breath or other roadside tests were invalid, you can dispute them in court. Your Michigan DUI defense attorney can raise doubts about the validity of these tests, and whether there was probable cause for your drunk driving arrest.
Michigan also has written rules for how a PBT must be given. Mich Admin Code R 325.2657a requires that a certified operator should operate the device, and that the operator confirm the person has not smoked, regurgitated, or put anything in the mouth for at least 15 minutes before the test. The waiting period matters because mouth alcohol or contamination can push a reading higher than the alcohol actually in the blood.
Whether a rule violation defeats the test depends on how serious it was. In People v Robe, 337 Mich App 142 (2021), the Michigan Court of Appeals held that a PBT result can be excluded from the probable cause analysis when the violation of the administrative rule was significant and calls into question the accuracy of the test. In that case, the officer watched the driver for only three minutes, and there was no evidence anyone observed him for the remaining 12 minutes. By contrast, courts have treated brief technical lapses, such as an operator stepping away for a few seconds while another officer watched, as too minor to justify suppression.
Common points of attack in an Oakland County drunk driving case include:
- Calibration and maintenance records for the handheld PBT or the station machine
- Whether the officer was certified to operate the device
- Compliance with the 15-minute observation requirement
- Medical conditions such as acid reflux, diabetes, or a low carbohydrate diet that can affect readings
- Whether the officer had reasonable cause to request the test and probable cause to arrest
Key Takeaway: A PBT administered without following the required procedures can sometimes be challenged and suppressed in your case. Records, certification, and the 15-minute observation rule are often the strongest starting points.
What Happens After a Breath Test Arrest in Oakland County?
After an arrest, the officer takes you to a station or jail for the chemical test, then processes the booking paperwork. If you took the test and the result was 0.08 or higher, or if you refused, your license is confiscated, and you leave with a temporary paper permit that allows you to drive while it remains valid. You are also given a citation or a notice with your first court date.
The next step is usually an arraignment in the district court that covers where the stop happened, which is the 48th District Court on Telegraph Road for many Bloomfield Hills area cases. From there, your attorney can request the police reports, in-car and body camera video, the breath test log, and the calibration records for the machine. Those materials often decide whether the case is tried, negotiated, or challenged through a motion.
The criminal OWI case proceeds through the district court, while the implied consent suspension is handled separately via the Secretary of State. After a refusal, both matters move forward on their own deadlines, often at the same time. Addressing the criminal charge but overlooking the administrative suspension can still leave you without a license, even if the criminal case has a favorable result.
Get Help from a Bloomfield Hills DUI Refusal Attorney
A traffic stop that ends with a breath test request can move quickly, and most drivers do not have time to weigh every legal consequence before deciding whether to blow or refuse. By the time the stop is over, the question is not simply whether that decision helped or hurt. What matters is what the records actually show, how the request was made, and whether the officers followed the rules at each step.
Paul J. Tafelski defends Michigan drunk driving cases from arraignment through jury trial, challenging the validity of breath tests, calibration logs, and compliance with the 15-minute observation rule in local court. His practice covers both the criminal OWI charge and the parallel administrative process, including filing Secretary of State hearing requests within the strict 14-day implied consent deadline and petitioning circuit courts for restricted driving privileges.
Call Michigan Defense Law at (248) 451-2200 to schedule a free consultation. Our office is located at 2525 S Telegraph Rd Suite 100, Bloomfield Hills, MI 48302. We represent clients in Bloomfield Hills, throughout Oakland County, and across Michigan.
Frequently Asked Questions about Michigan Roadside Breath Tests
Is refusing a roadside PBT the same as refusing a Breathalyzer?
No. The roadside PBT is the handheld device used before an arrest, and refusing it is a civil infraction with a fine of up to $150 plus court costs. The Breathalyzer at the station is the chemical test covered by Michigan’s implied consent law, and refusing that test can cost you your license.
Will refusing the roadside PBT stop me from being arrested?
Not necessarily. An officer can still arrest you based on driving behavior, the odor of alcohol, your appearance and speech, statements you made, and the other field sobriety tests. Refusing the PBT removes one piece of evidence, but it does not remove the rest.
Will a PBT refusal be on my driving record?
A PBT refusal will appear as a civil infraction on your driving record, but it does not add points or trigger a license suspension by itself. An implied consent refusal is different: it usually adds six points and suspends your driving privileges through the Secretary of State.
Can I ask for a blood test instead of a breath test?
Under Michigan’s implied consent law, the officer chooses which chemical test to request. You cannot substitute your own preference for the requested chemical test. After you submit, you have the right to demand your preferred independent test at your expense, which can be useful for later comparisons.
How long is my license suspended for refusing the chemical test?
A first implied consent refusal could result in a one-year license suspension, while a second refusal within seven years may lead to a two-year suspension. After receiving your notice, you have 14 days to request an administrative hearing. Depending on the circumstances, you may also be able to petition the circuit court for a restricted license.
Can a breath test result be thrown out?
Sometimes. A court may exclude breath-test results when the statutory or regulatory safeguards were not followed. For example, courts have excluded results where the 15-minute observation requirement was seriously violated, as in People v Robe, 337 Mich App 142 (2021). Other defects, such as calibration failures, an uncertified operator, or contamination concerns, can also provide grounds for a motion to suppress if they call the test reliability into doubt.
What should I do immediately after refusing a breath test?
Write down what you remember about the stop, including the timing, what the officer said, and how long you were observed before any test. Keep your paper permit and any paperwork you received in a safe place, note your court date and any license-related deadlines, and contact a defense attorney promptly so both the criminal case and the license deadline can be addressed.
