Here’s a hypothetical: You’re reading this “Home & Garden” issue of My City 1 and are inspired to run to your local nursery to grab some broccoli, kale and arugula 2 plants and get an early start on your garden. While enjoying this magazine in the early afternoon, you decide to have one too many glasses of Chardonnay. You then get into your car, head off on your errand and are subsequently stopped on the road by law enforcement 3. Suspecting that you might be driving under the influence, the officer asks you to step out of your vehicle and blow into a breath-testing device. What do you do?
First, make no statements to law enforcement about how much you had to drink prior to driving 4 . After having you perform a series of field sobriety tests on the roadside, the officer will offer you what is called a Preliminary Breath Test (PBT) that measures the alcohol content of your breath. The results are not admissible in court 5 but are used to establish probable cause to arrest you. Refusing to take a breathalyzer test is a civil infraction for which you can be fined up to $150. Most importantly, this infraction will not add any points to your driver’s license, nor will your license be suspended.
It is important to note that even if you decline the roadside PBT, if there are enough indicators that give rise to probable cause, you may be arrested for Operating While Intoxicated. You will then be taken to the police station where you will be asked to submit to a second, more accurate breath test done with an instrument called the DataMaster, which estimates the concentration of alcohol in your blood. This test is important for two reasons: 1) The DataMaster results are admissible in court, and 2) Failure to consent to the DataMaster will result in an automatic one-year suspension of your license 6.
Maybe you are thinking to yourself, “If I refuse to take the DataMaster, it would be better to have my license suspended than an OWI on my record.” 7 If you refuse to take the DataMaster, law enforcement will get a warrant signed by a judge for a blood sample 8 and then, you will likely be transferred to the local hospital to have your blood drawn. The sample is sent to a lab for analysis and the results of your blood alcohol content (BAC) will then be used in the case against you. Ultimately, your BAC will be determined one way or another.
Back to the question presented: should you blow or not? The answer is: probably 9. Refusing to take a roadside PBT will not create a significant legal issue for you, but refusing the DataMaster test at the police station will likely 10 lead to a much longer suspension of your license than would the actual charge of Operating While Intoxicated.
My best advice: Plant the garden, but skip the Chardonnay.
1 This part is not a hypothetical – you’re literally doing it right now.
2 These are apparently frost resistant, so you might be okay. (Obligatory gardening tip)
3 How to address law enforcement: Local Police = Officer; Sheriff’s Department = Deputy; Michigan State Police = Trooper.
4 The answer is ALWAYS two drinks. (It’s never two drinks.)
5 Exceptions apply.
6 This is a hard suspension with no exceptions for work or necessities of life.
7 Somewhat logical, but not really – depending on the situation.
8 Taking your blood is considered a search of your person which requires a warrant if you don’t consent.
9Exceptions apply. If you are ever in this predicament, talk to an attorney.
10Exceptions apply.
