Refusal of PBT
Is it illegal to refuse a PBT if you are not driving a vehicle?
3 Answers from Attorneys
Re: Refusal of PBT
It is never illegal to refuse a PBT. You are withing your rights to refuse
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Re: Refusal of PBT
no, generally not unless you are on probation or submitting to random testing is a condition of release.
Re: Refusal of PBT
Assuming you are speaking of the typical situation where a police officer stops a car, then asks the passenger to blow into a PBT as a condition of letting them drive the car away (instead of having it towed) -- no, it is not illegal to refuse a PBT. (Cop will likely then have the car towed.) Even the driver can lawfuly refuse the PBT, though -- assuming a lawful stop -- that refusal alone gives the police in Minnesota probable cause to arrest on suspicion of a DWI crime.
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