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.

If you were recently arrested, we recommend you contact an expert DUI lawyer immediately. If you cannot find one, we will be happy to recommend a very good DUI lawyer. For a free legal consultation and case review, click on the link below.