QUESTION
How can they use the results from a preliminary breath test and never administer a blood alcohol test at a hospital?
Asked on May 18th, 2014 on DUI/DWI - Michigan
More details to this question:
I was pulled over and was ask to take field sobriety test and then a PBT. I told the officer I was going to have to refuse the PBT. He said it will cause me to lose my license right now and automatically add 6 points to my license. I said I know. He then took me to the jail and gave me one anyway. When I bonded out, I received a notice saying I was found guilty by default of refusing a PBT. They never took me to the hospital for a blood test and still charged me for OWI based on the Breathalyzer at the jail and fined me for refusal. If I refused the PBT but they gave me anyway and charged me for it, can they still use the PBT test to charge me? Aren’t they required by law to take me to the hospital and give me a blood test? Can they fine me for refusal and never even have taken me to the hospital for a test? They admitted I refused it by fining me for. Can I get this all thrown out since my rights were violated?
4 ANSWERS
Collections Attorney serving Okemos, MI
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Cindy Mannon, Attorney at Law
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You must have given a datamaster test at the jail. They can use those results and charge you with OWI. On the back of your refusal it states that you can within 14 days send a letter to the DAAD/AHS for a hearing on the PBT refusal. If the officer shows, you will probably lose. If the officer does not show, you will not lose your license. If the officer shows, you can go to Circuit Court and ask for a hardship license. They are not required by law to take you to a hospital if you took the datamaster test at the jail. You could have asked to be taken to the hospital, at your own expense, for a blood test. Hire an attorney or take a court appointed one because you will need one; however a court appointed attorney will not go to Circuit Court for a hardship license and it is too complicated to do it yourself.
Answered on May 20th, 2014 at 10:04 AM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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Is it an OWI case? If so the PBT is inadmissible absent some other factor. Contact qualified counsel.
Answered on May 20th, 2014 at 8:18 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You need to see an attorney, your rights most probably have not been violated.
Answered on May 20th, 2014 at 7:43 AM
Criminal Defense Attorney serving Southfield, MI
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Law Offices of Ezra N. Goldman P.C.
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I think you are right but you will need a good lawyer to run on these claims.
Answered on May 20th, 2014 at 7:25 AM