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MI HB5385
Bill
Status
10/22/2014
Primary Sponsor
Dan Lauwers
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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