Drunk Driving Trial - Novi - Judge Bondy, Mackenzie & Powers
In Novi, the PBT results are not admissible at trial unless one of the following three situations arises:
- The test results may be admitted to assist the court or hearing officer in determining a challenge to the validity of an arrest. MCL 257.625a(2)(b)(i).
- At trial, the defendant may offer the PBT result as evidence of his or her BrAC to rebut testimony elicited on cross-examination of a defense witness that the defendant’s BrAC was higher at the time of the charged offense than when a chemical test was administered. MCL 257.625a(2)(b)(ii).
- At trial, the prosecution may introduce PBT results as evidence of the defendant’s BrAC only to rebut testimony elicited on cross-examination of a prosecution witness that is offered or elicited to prove that the defendant’s BrAC was lower at the time of the charged offense than when the chemical test was later administered (the rising blood or breath alcohol content defense). MCL 257.625a(2)(b)(iii).
