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MI HB5779
Bill
Status
9/9/2014
Primary Sponsor
Wayne Schmidt
Click for details
AI Summary
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Expands admissibility of chemical test results from accidents to include urine samples in addition to blood samples, allowing prosecution to use either or both samples obtained during medical treatment.
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Authorizes peace officers to arrest without warrant persons operating commercial motor vehicles with any measurable alcohol or detectable presence of alcoholic liquor, with refusal to submit to preliminary breath analysis constituting a misdemeanor punishable by up to 93 days imprisonment or $100 fine.
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Makes preliminary chemical breath analysis results admissible in criminal prosecutions and administrative hearings to establish arrest validity and rebut testimony about defendant's blood alcohol content at time of offense.
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Requires commercial motor vehicle operators to be advised that refusing a preliminary breath analysis is a misdemeanor and will result in a 24-hour out-of-service order.
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Adds new circumstance for chemical testing consent when peace officer has reasonable cause to believe operator caused accident resulting in death or great bodily harm.
Legislative Description
Traffic control; accidents; samples used for chemical analysis; expand to include urine. Amends secs. 625a & 625c of 1949 PA 300 (MCL 257.625a & 257.625c).
Criminal procedure, evidence
Last Action
Printed Bill Filed 09/10/2014
9/10/2014