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Code · Michigan · Chapter 324 — Natural Resources and Environmental Protection

324.81137 Implied consent to chemical tests of blood, breath, or urine; exception.

250 words·~1 min read·/mi/chapter-324/324-81137

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324.81137 Implied consent to chemical tests of blood, breath, or urine; exception.
Sec. 81137.
(1)Except as provided in subsection (2), a person who operates an ORV is considered to have given consent to chemical tests of his or her blood, breath, or urine for the purpose of determining the amount of alcohol or presence of a controlled substance or both in his or her blood, and may be requested by a peace officer to submit to chemical tests of his or her blood, breath, or urine for the purpose of determining the amount of alcohol or presence of a controlled substance or both in his or her blood if:
(a)The person is arrested for a violation of section 81134(1), (3), (4), (5), (6), or
(7)or a local ordinance substantially corresponding to section 81134(1), (3), or (6).
(b)The person is arrested for negligent homicide, manslaughter, or murder resulting from the operation of an ORV, and the peace officer has reasonable grounds to believe that the person was operating the ORV in violation of section 81134.
(2)A person who is afflicted with hemophilia, diabetes, or a condition requiring the use of an anticoagulant under the direction of a physician shall not be considered to have given consent to the withdrawal of blood.
History: Add. 1995, Act 58, Imd. Eff. May 24, 1995 ;-- Am. 2014, Act 405 , Eff. Mar. 31, 2015
Popular Name: Act 451
Popular Name: NREPA
Popular Name: Off-Road Vehicle Act
Popular Name: ORV
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