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Should You Refuse to Take a Portable Breath Test?

In Indiana, if you are pulled over by law enforcement and asked to take a portable breath test (PBT), you have the right to refuse.

However, refusing a PBT may result in other consequences, such as officers using other evidence to establish probable cause for a DUI arrest. In Indiana, a PBT is a preliminary breath test administered by law enforcement officers at the scene of a traffic stop to detect the presence of alcohol in a driver's breath. Officers can still rely on observations of your behavior, performance on field sobriety tests, and other factors to support an arrest for driving under the influence (DUI). It's important to note that a PBT refusal alone cannot be used as evidence of guilt in court, but it may impact the officer's decision-making process and their following actions.

Additionally, refusing a chemical test after arrest (such as a breathalyzer or blood test) can lead to administrative penalties, including license suspension. It's crucial to weigh the potential consequences and consult with an experienced lawyer if you're unsure about your rights and the best course of action in your specific situation. If you have questions about your case, you can always contact Brinkley Law at 317-643-1813 or book an appointment conveniently online by clicking here.

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