The bill amends the Michigan Vehicle Code to enhance the procedures for arresting and testing individuals suspected of operating a vehicle under the influence of alcohol or drugs. It introduces preliminary oral fluid analysis as an additional testing method alongside the existing preliminary chemical breath analysis, allowing law enforcement to use results from either test in criminal prosecutions. The bill also stipulates that individuals who refuse to submit to these tests may face civil infractions or misdemeanors, and it outlines the rights of individuals undergoing testing and the handling of test results.
Additionally, the bill updates the language to be gender-neutral and expands the definition of bodily fluids eligible for testing to include blood, breath, urine, and other bodily fluids. It mandates that private entities conducting chemical testing must safeguard individuals' personally identifying information. The Department of State Police is assigned the responsibility of creating uniform rules for administering these tests. The bill also specifies that individuals with certain medical conditions are not considered to have consented to blood withdrawal and updates the language regarding test administration from "shall" to "must." Furthermore, it details the procedures for handling refusals of chemical tests and the immediate confiscation of driver's licenses, along with the issuance of temporary licenses based on the prosecution status of the case.
Statutes affected: Substitute (H-2): 257.625
House Introduced Bill: 257.625
As Passed by the House: 257.625