Passionate and Effective Criminal Defense in Michigan
Can You Go to Jail for Refusing to Take a Preliminary Breath Test?

Can You Go to Jail for Refusing to Take a Preliminary Breath Test?

Understanding Florida Implied Consent Law

In accordance with Florida's Implied Consent Law Section 316.1932, consenting to a sobriety test is mandatory when you are pulled over as a suspect for driving under the influence. This test will determine your blood alcohol level through a breath, urine, or blood test.

Rights First Law, P.C. is a Metro Detroit law firm working exclusively in criminal defense. We emphasize client-centered lawyering by putting clients and their rights first. Our clients know at Rights First Law we work with you to protect your rights, contact us.

On September 1st, the Florida Supreme Court will hear arguments challenging a Florida law that punishes drunk-driving suspects who refuse to take a preliminary breath test (“PBT”), which measures the alcohol content in a person’s body [1]. The Court will decide whether states can impose criminal penalties on suspected drunk drivers who refuse to take a PBT. William Williams, the Plaintiff in the case before the Florida Supreme Court, has contended that such laws are unconstitutional unless police get a warrant for the PBT [1].

In June, a majority of the U.S. Supreme Court said that a similar Minnesota law did not violate the U.S. Constitution’s Fourth Amendment, which bars unreasonable searches and seizures. Justice Samuel Alito said in his opinion that “[the] impact of breath tests on privacy is slight, and the need for BAC [bodily alcohol content] testing is great [1]”. In Florida, a driver with previous license suspensions for refusing to take a PBT faces misdemeanor charges [1].

What is Michigan’s Implied Consent Law?

if you are arrested for drunk or drugged driving, you are required to take a chemical test to determine your BAC or the presence of drugs in your body. Under the Michigan Implied Consent Law, all drivers have given their consent to this test. Refusing to take the chemical test results in driver’s license consequences separate from any other driving related conviction [2].

In Michigan, refusing to take a PBT may lead to a civil infraction, which carries a fine of up to $150 plus court costs [2]. Whether a person refuses to take the PBT or not, they must still take the chemical test required by the implied consent law [2].



Contact Us Today

Schedule a Free Case Review
    • Please enter your first name.
    • Please enter your last name.
    • Please enter your email address.
      This isn't a valid email address.
    • This isn't a valid phone number.
    • Please make a selection.
    • Please enter a message.