Former Michigan Prosecutor | Jonathan Andrew Paul
  • Crimes
    • Domestic Violence
    • Retail Fraud
    • Drug Offenses
    • Assaultive
    • College/Tailgate Offenses >
      • Minor in Possession
      • Ann Arbor MIP
      • Ann Arbor Fake ID
      • Ann Arbor UIP
      • Ann Arbor Open Container
    • Resisting Arrest
    • Handling a Traffic Ticket
    • Careless/Reckless Driving
    • Early Discharge Probation
    • Larceny
    • Malicious Destruction of Property
    • Embezzlement
    • Juvenile Charges
  • Drunk Driving
    • Evidence >
      • Chemical Tests >
        • Implied Consent Law
        • Independent Chemical Test
        • Single Car Accident | DUI Defense
        • Effects of Body Temperature
        • Cross-Examining the DataMaster
        • Blood Testing 101
        • Impact of Methyl Alcohol/Paraldehyde
        • Radio Frequency Issues w/DataMaster
      • Right to Counsel
      • Preliminary Breath Test (PBT)
      • Field Sobriety Tests
      • Police Traffic Stop >
        • Sleeping in Car Defense
        • Cross-Examination - The Not Driving Defense
      • Police Statements
    • DUI Consequences >
      • Ignition Interlock
      • Restitution
      • Vehicle Immobilization
      • Travel Restrictions
      • Child Custody
      • Employment/Education
      • Traveling to Canada?
      • Vehicle Forfeiture
      • Civil Liability
      • Commercial Driver's License
    • DUI Trial Guide >
      • Jury Selection
      • Opening Statement
      • Cross-Examination
      • Closing Argument
      • Jury vs Bench Trial
    • Setting Bond >
      • Alcohol/Drug Testing Part #1
      • Alcohol/Drug Testing Part #2
      • Posting Bond
    • DUI Offenses >
      • Operating While Intoxicated
      • Operating While Visibly Impaired
      • Super Drunk/High BAC
      • Operating Presence of Controlled Substance
      • Child Endangerment
      • Felony Drunk Driving
      • DUI Under 21 Years Old
      • DUI Causing Injury/Death
    • Sobriety Court
    • DUI Pardons
  • Courts
    • Oakland County >
      • Novi >
        • Proactive Criminal Defense at the 52-1 District Court
      • Troy
      • Southfield
      • Royal Oak/Berkley
      • Rochester Hills
      • Farmington Hills
      • Bloomfield Hills/Birmingham
      • Waterford
      • Clarkston
      • Oak Park
      • Pontiac
      • Ferndale/Hazel Park/Madison Heights
    • Wayne County >
      • More Courts >
        • Allen Park
        • Dearborn Heights
        • Detroit
        • Ecorse
        • Hamtramck
        • Harper Woods
        • Highland
        • Lincoln Park
        • Redford
        • Southgate
        • Taylor
        • Woodhaven
        • Wyandotte
      • Plymouth >
        • Proactive Criminal Defense at the 35th District Court
      • Northville
      • Canton
      • Romulus
      • Livonia
      • Dearborn
      • Grosse Pointe
      • Westland
    • Macomb County >
      • Center Line
      • Clinton Township
      • Eastpointe
      • Fraser
      • New Baltimore
      • Romeo
      • Roseville
      • Shelby Township
      • Sterling Heights
      • St. Clair Shores
      • Warren
    • Washtenaw County >
      • Proactive Washtenaw County Criminal Defense
      • Ann Arbor
      • Chelsea
      • Pittsfield Township
      • Saline
      • Ypsilanti 14-A
      • Ypsilanti 14-B
    • Jackson County
    • Lenawee County
    • Livingston County
    • Monroe County
    • East Lansing
  • Hiring a Super Lawyer
  • Our Team
  • Expungement
  • 5-Star DUI Defense
  • Legal Guides
    • FAQ
    • DUI Expungement
    • Blog
    • Arrested in Michigan? NOW WHAT!
    • Being Investigated?
    • 18 Key Questions for DUI's
    • Michigan License Restoration
  • Proactive Defense
  • Client Reviews
  • Inside the Prosecutor Mind
    • Drunk Driving >
      • OWI First Offense
      • OWI Second Offense
      • OWI Third Offense
      • Field Sobriety Tests
      • Chemical Tests
      • Implied Consent
      • Hardship License
      • Sobriety Court
    • Expungement
    • Assault/DV Charges >
      • Domestic Violence
      • Misdemeanor Assault
      • Felonious Assault
    • Theft Offenses >
      • Retail Fraud
      • Embezzlement
      • Larceny
    • College Offenses >
      • Open Container
      • Minor in Possession (MIP)
      • Urinating in Public
      • Fake ID
    • Drug Charges >
      • Possession of Marijuana
      • Felony Drug Possession
    • Driving - Traffic >
      • Reckless Careless Driving
      • Driving While License Suspended
      • Leaving Scene of Accident
    • Disorderly Conduct
    • Probation Violation
    • Resisting Arrest
    • Malicious Destruction of Property
    • Travel Requests
    • Bond Violations
  • Contact Me
  • Leaders & Best Hockey

Preliminary Breath Test - Michigan DUI

Call Me: 248-924-9458

Michigan Drunk Driving Boot Camp
Evidence: Preliminary Breath Test

In Michigan, a police officer may administer a preliminary breath test (PBT) to a suspected drunk driver; the results of this test could lead to probable cause to arrest.

For the most part, the PBT results are not admissible at Michigan drunk driving trials, but there are exceptions.  The PBT is not admissible, because it is not tested for accuracy as often as the DataMaster.  The results are admissible at a probable cause hearing to determine the validity of an arrest.  If you were arrested and charged with a drunk driving offense in Michigan, and the only basis for your arrest was your PBT result of less than .08, the court may find that the officer lacked probable cause and suppress all evidence obtained after the arrest.

The PBT results are also admissible at trial to rebut evidence by the defense if a defense witness testified on cross-examination that the defendant's blood alcohol level was higher at the time of the offense than the chemical test results revealed.

An example of this would be a PBT result of 0.14 and the DataMaster result is 0.17, and you are charged with a High BAC offense (BAC above 0.17.  The prosecution cannot argue that your level was higher than 0.17 because there is evidence that the BAC was actually 0.14 at the time of operation.

Finally, a PBT result can be admissible as rebuttal evidence by the prosecution of the defendant's blood alcohol level at the time of operating if offered by the prosecution in response to cross-examination testimony of a prosecution witness that the defendant's blood alcohol content was lower at the time of the offense than when the test was administered.

An example of this would be a PBT result of 0.19 and a DataMaster of 0.17, and the defense would have the jury believe the Defendant's blood result was lower than 0.17 at the time of operation.

PBT results are essentially safeguards that stop a party from swaying the jury in a direction that the physical evidence would disagree.  There are some judges in Michigan that regularly admit the results without consideration for the stated exceptions.

An experienced Michigan DUI attorney will factor the PBT results into your case, and file the appropriate pre-trial motions in limine to either have the results admitted or not admitted prior to trial.
Picture
Jonathan Andrew PaulReviewsout of 155 reviews
Picture
refuse PBT michigan, preliminary breath test, dui lawyer, civil infraction, implied consent

    Insider Information from a  Former Michigan Prosecutor
    Please fill out the confidential form below or call me.

Submit
Representing clients in Ann Arbor, Canton, Brighton, Howell, Saline, Adrian, Taylor, Plymouth, Northville, Westland, Ypsilanti, Pittsfield Towsnhip, Warren, Sterling Heights, Farmington, Pontiac, Romulus, Lansing, Novi, South Lyon, Southfield, Birmingham, Bloomfield Hills, Royal Oak, Troy, Rochester, Jackson, East Lansing, Garden City, Livonia, Dearborn, Detroit, St Clair Shores, Hazel Park, Ferndale, Madison Heights, Waterford, Milford, Shelby Township Clarkston, Oak Park, Berkley, Fraser, Sterling Heights, Clinton Township and others throughout Washtenaw, Wayne, Monroe, Jackson,  Macomb, Ingham, Lenawee, Livingston, Oakland County & Northern Michigan 

Representing clients faced with DUI/drunk driving, retail fraud, possession of marijuana, domestic violence, MIP/in possession and other misdemeanor and felony charges. 
Picture

Evening & Weekend Service Available Call Me: 248-924-9458

Michigan Defense Attorney Jonathan Paul - Former New York & Michigan Prosecutor