Legal Question in Civil Litigation in Michigan

I have no legal trouble right now, but would like to know this as a point of clarification. In the state of Michigan, can an individual minor or otherwise be arrested for refusing to consent to a preliminary breath test, when not operating a motor vehicle and not in the possession of alcohol? Also, if an individual is on court ordered probation minor or otherwise, can they be arrested and/or charged with violation of probation for refusing a PBT?


Asked on 10/06/10, 11:30 pm

2 Answers from Attorneys

Timothy Klisz Klisz Law Office, PLLC

If the officer has probable cause, yes. In terms of probation, if alcohol is ordered to be avoided, then the test is automatic. Kliszlaw.com. Tim Klisz

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Answered on 10/12/10, 4:32 am
William Morrison Action Defense Center

Attorney Morrison's hints to minors for avoiding alcohol-related arrests.

1. Don't drink alcohol.

2. Avoid gatherings of drunken minors where police officers are (or shortly will be) present.

3. If an officer asks if you've been drinking and you say Yes, a PBT is unnecessary.

4. If an officer observes that you smell like booze and have flecks of vomit on your shoes, no PBT is required.

5. If you are holding a can of beer while speaking to the officer - guess what?

6. If the officer asks you to take a PBT and you haven't done 2-5, your refusal is not a crime, but is a civil infraction. However, you still can be arrested for MIP as it wasn't the booze fairy that tossed all those beer cans in the back of your truck.

7. If the officer notes that you are already on probation for MIP and you refuse a PBT, your parents can pick you up in the morning from the lockup after they post your bond.

Note that an initial MIP seems to be a right of passage for wannabe adults. A second MIP is usually indicative of a double digit IQ.

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Answered on 10/12/10, 5:15 pm


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