Navigating an OWI stop in Wisconsin involves understanding various tests law enforcement may employ, including the Preliminary Breath Test (PBT). A PBT is a roadside breathalyzer test used by police to assess a driver’s intoxication level during an OWI investigation. Its results can significantly influence the initial arrest decision but understanding your rights regarding this test is crucial.

Can You Refuse a Preliminary Breath Test (PBT) in Wisconsin?

Yes, in Wisconsin, drivers have the option to refuse a PBT without the same legal consequences that come with refusing a breathalyzer test post-arrest. It’s critical to distinguish between the PBT offered during field sobriety tests and the official breathalyzer conducted at the police station. While refusal of the latter entails severe repercussions and a possible refusal charge, opting out of a PBT carries no legal penalties.

Consequences of Refusing a PBT

Refusing a PBT can be a double-edged sword. On one hand, law enforcement may use your refusal as a factor in establishing probable cause for an OWI arrest. On the other, refusing eliminates potentially incriminating evidence early in the OWI investigation process. It’s important to note that there are no direct legal penalties for declining a PBT, unlike the official post-arrest breathalyzer.

Admissibility of PBT Results in Court

The role of a PBT in court is limited. Wisconsin law restricts the use of PBT results to establishing probable cause for an OWI arrest. The results cannot be presented as evidence of impairment at trial, distancing them from the more rigorous and legally binding post-arrest breathalyzer tests.

To Refuse or Not to Refuse?

The decision to submit to a PBT is nuanced. While refusing a PBT removes a piece of potential evidence from the early stages of an OWI case, it may also lead to arrest based on probable cause from other observations. Conversely, agreeing to a PBT could directly lead to your arrest if it indicates intoxication.

Seek Professional Legal Advice

Facing an OWI charge in Wisconsin is a complex situation requiring informed decisions at every step. DK Anderson, S.C., offers experienced legal counsel for those navigating the intricacies of drunk driving charges. If you’re dealing with an OWI case or have questions about your rights during an OWI stop, our Madison, WI, drunk driving attorneys are ready to assist. Contact us for a comprehensive evaluation of your case and explore your defense options.