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MI SB0207

Bill

Status

Passed

8/3/2016

Primary Sponsor

Rick Jones

Click for details

Origin

Senate

98th Legislature

AI Summary

  • Defines "standardized field sobriety test" as a test validated by the National Highway Traffic Safety Administration and administered in substantial compliance with NHTSA standards.

  • Authorizes drug recognition expert peace officers in participating counties to require preliminary oral fluid analysis if they have reasonable cause to believe a driver consumed a controlled substance or possesses a Schedule 1 controlled substance.

  • Makes preliminary oral fluid analysis results admissible in criminal prosecutions and administrative hearings to establish arrest validity or rebut conflicting testimony about substance presence.

  • Establishes that refusing a preliminary oral fluid analysis is a civil infraction, with commercial motor vehicle operators subject to a mandatory 24-hour out-of-service order for refusal.

  • Allows qualified persons to testify about standardized field sobriety tests, including the horizontal gaze nystagmus (HGN) test, upon proper foundation of qualifications, effective September 22, 2016.

Legislative Description

Crimes; intoxication or impairment; operating a motor vehicle under the influence of alcohol or a controlled substance, or both; amend certain definitions and procedures. Amends 1949 PA 300 (MCL 257.1 - 257.923) by adding secs. 62a, 625r & 625s. TIE BAR WITH: SB 0434'15

Traffic control: traffic regulation

Last Action

Presented To Governor 6/17/2016 @ 1:16 Pm

9/6/2016

Committee Referrals

Judiciary3/12/2015

Full Bill Text

No bill text available