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MI HB4391

Bill

Status

Engrossed

7/1/2025

Primary Sponsor

Julie Rogers

Click for details

Origin

House of Representatives

103rd Legislature

AI Summary

  • Expands chemical testing methods for impaired driving to include "other bodily fluid" in addition to blood, breath, and urine for determining alcohol or controlled substance presence

  • Authorizes peace officers to require preliminary oral fluid analysis (saliva testing) alongside preliminary breath analysis when they have reasonable cause to believe a driver is impaired

  • Makes results from preliminary oral fluid analysis admissible in criminal proceedings and administrative hearings for the same purposes as breath analysis results

  • Requires private entities performing oral fluid chemical testing to protect personally identifying information, destroy samples after analysis, prohibit DNA entry into databases, and limit database entry of test results

  • Refusing a preliminary oral fluid analysis carries the same penalties as refusing a preliminary breath test: civil infraction for non-commercial drivers, misdemeanor (up to 93 days imprisonment and/or $100 fine) for commercial motor vehicle operators

  • Takes effect 90 days after enactment, contingent on HB 4390 also being enacted into law

Legislative Description

Crimes: intoxication or impairment; methods of testing intoxication or impairment in the Michigan vehicle code; expand to include other bodily fluid. Amends secs. 625a, 625c & 625g of 1949 PA 300 (MCL 257.625a et seq.). TIE BAR WITH: HB 4390'25

Traffic control: traffic regulation

Last Action

Referred To Committee On Civil Rights, Judiciary, And Public Safety

7/17/2025

Committee Referrals

Civil Rights, Judiciary, And Public Safety7/17/2025
Government Operations4/24/2025

Full Bill Text

No bill text available