Preliminary Breath Test

Arrests Based on Preliminary Breath Test Under Michigan DUI Law Submitting to a Preliminary Breath Test

Under Michigan DUI law (M.C.L. 257.625a), a peace officer may require you to submit to a preliminary chemical breath test (or analysis) if:

1. The peace officer has reasonable cause to believe that you were operating a vehicle and that your ability to operate the vehicle was affected by the consumption of alcoholic liquor; or

2. The peace officer has reasonable cause to believe that you were operating a commercial motor vehicle while your blood, breath, or urine contained any measurable amount of alcohol or while you had any detectable presence of alcoholic liquor; or

3. The peace officer has reasonable cause to believe that you (if less than 21 years of age) were operating a vehicle while you had between a 0.02 to 0.08 blood, breath or urine alcohol level. (violation of the zero tolerance law).

Arrested Based on Preliminary Breath Test

Under Michigan DUI law (M.C.L. 257.625a), a peace officer may arrest you based in whole or in part upon the results of the preliminary breath test.

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