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MI HB4391
Bill
Status
7/1/2025
Primary Sponsor
Julie Rogers
Click for details
AI Summary
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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
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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
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Makes results from preliminary oral fluid analysis admissible in criminal proceedings and administrative hearings for the same purposes as breath analysis results
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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
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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
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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