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MI HB5385

Bill

Status

Passed

10/22/2014

Primary Sponsor

Dan Lauwers

Click for details

Origin

House of Representatives

97th Legislature

AI Summary

  • Defines "preliminary roadside analysis" as on-site breath tests or field sobriety tests to detect alcoholic liquor, controlled substances, or other intoxicating substances in a person's body.

  • Authorizes peace officers to require preliminary roadside analysis when they have reasonable cause to believe a person was operating a vehicle while impaired, and allows arrest based on test results.

  • Makes refusal to submit to preliminary roadside analysis a civil infraction for most drivers, but a misdemeanor punishable by up to 93 days imprisonment or $100 fine for commercial motor vehicle operators, with mandatory 24-hour out-of-service order.

  • Permits preliminary roadside analysis results to be admissible in court proceedings to determine arrest validity or rebut testimony about blood alcohol content, though results do not replace chemical testing requirements.

  • Takes effect January 12, 2015.

Legislative Description

Crimes; intoxication or impairment; preliminary chemical testing for certain controlled substances; authorize, and provide for procedures and penalties for refusal. Amends secs. 625a, 625c, 625d & 625g of 1949 PA 300 (MCL 257.625a et seq.) & adds sec. 43a.

Traffic control, driver license

Last Action

Assigned Pa 315'14 With Immediate Effect

10/22/2014

Committee Referrals

Judiciary3/4/2014

Full Bill Text

No bill text available