Refusing the preliminary breath test (PBT) usually increases your risk of arrest and can trigger separate administrative penalties. The roadside breath test plays a specific role in DUI stops, and refusing it does not end the investigation. Here’s what you need to know.
Roadside PBT is a quick screening tool
The PBT provides officers with a quick roadside screening number during a traffic stop. Law enforcement uses this handheld device to gauge possible impairment and decide whether probable cause exists to make an arrest.
Officers often rely on the PBT alongside field sobriety observations. But courts usually do not treat the portable reading as the formal evidentiary result because handheld devices can vary in reliability.
Station breath tests are the evidentiary standard
A station breath test or blood draw provides the formal evidence prosecutors use in court. These tests occur at a police station, hospital or testing facility using calibrated equipment that follows strict maintenance and documentation requirements. Testing procedures also include chain-of-custody rules so the results can stand up in court as reliable scientific evidence.
South Dakota law treats refusal as an administrative offense
South Dakota law treats driving on public roads as implied consent to chemical testing. When you refuse a lawful request for testing, the state can pursue administrative action against your driver’s license under South Dakota’s implied consent statutes.
Refusal can also affect the criminal case
Refusing the PBT does not stop a DUI investigation or prevent charges. Officers can still arrest you based on driving behavior, field sobriety tests and other observations during the stop. Prosecutors may also point to the refusal itself when arguing impairment. In other words, refusal does not remove criminal exposure and can become part of the evidence discussed in court.
Take these immediate steps to protect your rights
Write down what happened during the stop while the details are still fresh. Save any phone video, gather witness names and request the administrative hearing right away so you do not miss the deadline to challenge a license suspension. Speaking with a DUI lawyer can help you understand where you stand and what to do next. Having that guidance early often makes the situation easier to handle.