Senate Bill 865 Summary

• Defines "immunochemical assay" as a scientific technique using antigen-antibody binding to identify and quantify substances in a sample.

• Establishes "preliminary chemical analysis" as on-site testing of breath or saliva using immunochemical assay to detect alcohol, controlled substances, or other intoxicating substances.

• Authorizes peace officers to require preliminary chemical analysis and allows arrest based on results; permits results as evidence in criminal prosecutions and administrative hearings to challenge arrest validity or establish blood alcohol content.

• Makes refusal to submit to preliminary chemical analysis a civil infraction for regular drivers; for commercial motor vehicle operators, refusal is a misdemeanor punishable by up to 93 days imprisonment or $100 fine, resulting in 24-hour out-of-service order.

• Expands chemical testing provisions to include saliva analysis alongside blood, breath, and urine; defines "unlawful alcohol content" and "presence of a controlled substance" for license suspension purposes.