324.81141 Preliminary chemical breath analysis; arrest; admissibility of results; requirements; civil infraction; fine.
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324.81141 Preliminary chemical breath analysis; arrest; admissibility of results; requirements; civil infraction; fine.
Sec. 81141.
(1)A peace officer who has reasonable cause to believe that a person was operating an ORV and that the person by the consumption of alcoholic liquor may have affected his or her ability to operate the ORV, may require the person to submit to a preliminary chemical breath analysis.
(2)A peace officer may arrest a person based in whole or in part upon the results of a preliminary chemical breath analysis.
(3)The results of a preliminary chemical breath analysis shall be admissible in a criminal prosecution for a crime enumerated in section 81136(1) or in an administrative hearing held under section 81140, solely to assist the court or hearing officer in determining a challenge to the validity of an arrest. This subsection does not limit the introduction of other competent evidence offered to establish the validity of an arrest.
(4)A person who submits to a preliminary chemical breath analysis remains subject to the requirements of sections 81136, 81137, 81138, 81139, and 81140 for the purposes of chemical tests described in those sections.
(5)A person who refuses to submit to a preliminary chemical breath analysis upon a lawful request by a peace officer is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $500.00.
History: Add. 1995, Act 58, Imd. Eff. May 24, 1995 ;-- Am. 1996, Act 175 , Imd. Eff. Apr. 18, 1996 ;-- Am. 2014, Act 405 , Eff. Mar. 31, 2015
Popular Name: Act 451
Popular Name: NREPA
Popular Name: Off-Road Vehicle Act
Popular Name: ORV