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PBT REFUSAL

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Refusing a Preliminary Breath Test (PBT), which is a roadside breath test conducted before an arrest, has varying legal consequences across states. In many places, like Michigan, refusing a PBT is not a criminal offense but is considered a civil infraction, typically resulting in a fine without affecting your driving license or adding points to your record. However, this refusal can be used by officers to establish probable cause for an arrest. States like Kansas have ruled that criminalizing PBT refusal is unconstitutional, emphasizing the right to refuse a search under the Fourth Amendment. In contrast, some states might have stricter laws where refusal could lead to immediate consequences like license suspension, particularly if confused with refusing a post-arrest chemical test under implied consent laws. Always consult with a local attorney to understand the specific implications in your jurisdiction.

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