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MI HB5795

Bill

Status

Introduced

8/3/2016

Primary Sponsor

Peter Lucido

Click for details

Origin

House of Representatives

98th Legislature

AI Summary

  • Removes the provision making refusal to submit to a preliminary breath test by persons under 21 years of age a civil infraction worth 2 points on their driver's license.

  • Changes peace officers' authority to "request" rather than "require" preliminary chemical breath tests for non-commercial vehicle operators suspected of impaired driving, unless the person consents or a court order is obtained.

  • Maintains peace officers' authority to "require" preliminary chemical breath tests without a court order only for commercial motor vehicle operators suspected of impaired driving.

  • Makes refusal by commercial motor vehicle operators to submit to a preliminary breath test a misdemeanor punishable by up to 93 days imprisonment or a $100 fine, with an automatic 24-hour out-of-service order.

  • Takes effect 90 days after enactment.

Legislative Description

Crimes; intoxication or impairment; peace officer to obtain court order before nonconsensual preliminary chemical breath testing; require. Amends secs. 320a & 625a of 1949 PA 300 (MCL 257.320a & 257.625a).

Criminal procedure: warrants

Last Action

Bill Electronically Reproduced 08/03/2016

9/7/2016

Committee Referrals

Judiciary8/3/2016

Full Bill Text

No bill text available