Saturday, November 1, 2008

When Can An Officer Request A PBT Test

An officer may request that you submit to a PBT test if he has established "probabe cause to believe" that you are in violation of the Implied Consent laws, for example, operating a motor vehicle while under the influence of an intoxicant. However, you may refuse to take that specific test without violating the Implied Consent statute and without penalty. An officer does not have to have "probable cause to arrest" prior to requiring a PBT test. But, logically, he will need more than a "reasonable suspicion." Refusing to take the PBT test will not constitute the legal charge of "Refusal," for which your license may be suspended, even if the OWI/BAC charges are dismissed.

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