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MI HB5795
Bill
Status
8/3/2016
Primary Sponsor
Peter Lucido
Click for details
AI Summary
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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.
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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.
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Maintains peace officers' authority to "require" preliminary chemical breath tests without a court order only for commercial motor vehicle operators suspected of impaired driving.
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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.
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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