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

324.82136 Arrest without warrant; preliminary chemical breath analysis.

327 words·~1 min read·/mi/chapter-324/324-82136

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324.82136 Arrest without warrant; preliminary chemical breath analysis.
Sec. 82136.
(1)A peace officer, without a warrant, may arrest a person if the peace officer has reasonable cause to believe that the person was, at the time of an accident, the operator of a snowmobile involved in the accident in this state while in violation of section 82127(1), (3), (4), (5), (6), or
(7)or a local ordinance substantially corresponding to section 82127(1), (3), or (6).
(2)A peace officer who has reasonable cause to believe that a person was operating a snowmobile and that, by the consumption of alcoholic liquor, the person may have affected his or her ability to operate a snowmobile may require the person to submit to a preliminary chemical breath analysis. The following apply with respect to a preliminary chemical breath analysis:
(a)A peace officer may arrest a person based in whole or in part upon the results of a preliminary chemical breath analysis.
(b)The results of a preliminary chemical breath analysis are admissible in a criminal prosecution for a crime enumerated in section 82143(1) or in an administrative hearing solely to assist the court or hearing officer in determining a challenge to the validity of an arrest. This subdivision does not limit the introduction of other competent evidence offered to establish the validity of an arrest.
(c)A person who submits to a preliminary chemical breath analysis remains subject to the requirements of sections 82143 to 82146 for the purposes of chemical tests described in those sections.
(d)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. 2014, Act 404 , Eff. Mar. 31, 2015
Popular Name: Act 451
Popular Name: NREPA
Popular Name: Snowmobiles
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