Will my license be suspended if I refuse to blow into the PBT during a DUI stop?

by Aaron Black • January 14, 2012

In Arizona if you are suspected of DUI the police will often ask you to blow into a PBT (Preliminary Breath Test.) I highly recommend that you refuse this test and ask to speak to an attorney.

The PBT test is not admissible in court as it is only used by the police to obtain probable cause to arrest you. Your license will not be suspended if you refuse to blow into a PBT.

Many people confuse the PBT with the blood/breath test administered after a person is arrested. Please note that if you do not give breath/blood after a DUI arrest when you are back at the station your license will be suspended for one year. However, before you submit to the blood/breath test always ask for a confidential phone call with a lawyer.

What should I do if I’ve been pulled over by a cop?

  • Answer the officer when he wants your personal information and license.
     
  • If an officer asks a question about drinking ask for a lawyer and don’t answer.
     
  • The officer will ask you to get out of the car. You must comply.
     
  • The officer will ask if he can look at your eyes. He will ask you to follow his pen. Ask for your lawyer and respectfully refuse the test.
     
  • The officer will ask you to balance on one leg. Ask for your lawyer and respectfully refuse the test.
     
  • The officer will ask for you to walk a straight line. Ask for your lawyer and respectfully refuse the test.
     
  • The officer will ask you to blow into his portable breath machine (PBT). The officer will pull this out of his car or trunk. Ask for your lawyer and respectfully refuse the test.
     
  • The officer will probably arrest you because he will say he could smell the odor of alcohol, he noticed bloodshot and watery eyes, voice was slurred, and he saw you swerve. There is no need to help him more by doing the tests.
     
  • The officer will take you back to the station and want your blood. There is something in Arizona called Admin Per Se. If you give the blood your license will be suspended for 90 days. If you refuse to give blood your license will be revoked for one year. Ask to speak with your lawyer immediately. If you refuse the police will simply call a judge, get a warrant, hold you down, and take your blood by force.
     
  • Always demand an independent blood test.

If you have been arrested for DUI contact Phoenix DUI Lawyer Aaron Black or call  480-729-1683 for a free consultation.
 

About the Author

Aaron Black is the founder and sole attorney of the Law Office of Aaron Black. Located in Phoenix, Arizona, his DUI and criminal defense law firm provides legal services to people who have received felony or misdemeanor charges from the state.

Aaron has developed a strong interest in defending people who have been arrested and received criminal charges for driving under the influence. With his professionalism and knowledge of Arizona DUI and criminal law, he has acted as a check and balance on the police, prosecution and courts and has protected a great number of his clients from excessive and unfair sentencing.

Along with DUI defense, Aaron handles a range of other criminal matters, including aggravated assault, burglary, domestic violence, drug possession, drug trafficking, fraud defense, insurance fraud, sex crimes and white-collar crime.

After graduating college in 2003 from the University of Arizona, Aaron decided to pursue a law degree. He followed a family long tradition and went to the University of South Dakota School of Law where he pursued his goal of becoming a criminal defense lawyer.

After passing the Arizona and South Dakota bar exams, Aaron joined the Maricopa County Office of the Public Defender where he defended hundreds of people charged with serious criminal offenses. His work as a public defender helped him sharpen his litigation skills and gave him a unique insight into the Arizona criminal justice system.

Over the course of his 15-year legal career, Aaron has spent a considerable amount of time in both Arizona justice, municipal, state and federal courts. He has argued over 50 jury trials, tried over 100 bench trials and has become one of the highest-rated criminal and DUI defense attorneys in Phoenix and the surrounding areas. He has received a 10/10 rating from the legal directory Avvo because of his legal background and successful case record. Since 2014, he has received the Super Lawyer rating for his work as a Phoenix DUI and criminal defense attorney.

You can review Aaron’s Attorney Bio page for more information about his background, education and experience as a Phoenix DUI and criminal defense attorney.
 
In light of the Coronavirus pandemic, I wanted to inform clients and potential clients I am still available for consultations. I am always available by phone, text and/or email. We can also use Facetime for social distancing. The criminal justice system is not stopping due to COVID-19.

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