Understanding the Breath Tests in Michigan 🍻🚗
If you've ever been pulled over on suspicion of drunk driving in Michigan, chances are you've encountered two different types of breath tests - the preliminary breath test (PBT) and the evidential breath test. While both involve blowing into a device to measure your blood alcohol content (BAC), they serve distinct purposes and have different legal implications. Let's explore the key differences between these tests and how they're used in Michigan OWI proceedings.
The Preliminary Breath Test (PBT) 💨
The preliminary breath test, often referred to as a "breathalyzer," is the first line of defense for law enforcement officers when they suspect someone of driving under the influence. It's a handheld device that provides a quick estimate of your BAC level on the roadside. Here are a few important points about PBTs in Michigan:
No Criminal Penalties for Refusing: You can politely refuse without facing additional criminal penalties, however it is a civil infraction ticket to refuse a PBT.
Screening Tool: The PBT is merely a screening tool used by officers to establish probable cause for an arrest. The results cannot be used as direct evidence of intoxication in court.
Accuracy Concerns: PBTs are known to be less accurate than evidential breath tests conducted at the police station. Factors like mouth alcohol, temperature, and device calibration can affect the readings.
Implied Consent: While you can refuse the PBT, refusing to take it can be used as evidence of consciousness of guilt if the case goes to trial.
The Evidential Breath Test (Intoxilyzer 9000) 🔬
If you're arrested for OWI in Michigan, you'll likely be asked to take an evidential breath test, such as the Intoxilyzer 9000, at the police station or jail. This test is considered the "gold standard" for determining your BAC level and is admissible as direct evidence in court. Here are some key points about evidential breath tests like the Intoxilyzer 9000:
Legal Requirement: Under Michigan's implied consent law, you are legally required to take this test if arrested for OWI. Refusing can result in an automatic one-year license suspension and enhanced penalties if convicted.
Strict Protocols: Evidential breath tests must be administered by a certified operator following strict protocols to ensure accuracy and reliability. This includes observing the subject for a specific time period before the test to prevent residual mouth alcohol from skewing the results.
Admissibility in Court: The results of an evidential breath test are generally admissible as direct evidence of intoxication in an OWI case, provided the test was properly administered and the device was functioning correctly.
Challenging the Results: While evidential breath tests are considered highly reliable, there are still ways to challenge the results in court. Factors like the device's calibration, the operator's training, and the subject's physiological conditions can potentially affect the accuracy of the readings.
The Role of Breath Tests in Michigan OWI Proceedings 👨⚖️
Both PBTs and evidential breath tests play crucial roles in Michigan OWI proceedings, but their purposes and legal implications differ significantly. The PBT is primarily used as a screening tool to establish probable cause for an arrest. While the results cannot be used as direct evidence of intoxication in court. On the other hand, the Intoxilyzer 9000, is considered “more reliable” for determining BAC levels in OWI cases, but the instruments are only as accurate as their maintenance and calibration allows them to be. The results are generally admissible as direct evidence of intoxication, provided the test was properly administered and the device was functioning correctly. It's important to note that even if you refuse to take the evidential breath test, the prosecution may still be able to present other evidence of impairment, such as field sobriety test results, officer observations, and witness testimony.