Michigan Laws 324.80182 – Chemical test; administration at request of peace officer, during medical treatment, or by medical examiner if operator of vessel is deceased; procedures
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(1) A chemical test described in section 80181 shall be administered at the request of a peace officer having reasonable grounds to believe the person has committed a crime described in section 80187(1). A person who takes a chemical test administered at the request of a peace officer, as provided in section 80181, shall be given a reasonable opportunity to have someone of the person’s own choosing administer 1 of the chemical tests described in section 80181 within a reasonable time after the person’s detention, and the results of the test are admissible and shall be considered with other competent evidence in determining the innocence or guilt of the defendant. If the person charged is administered a chemical test by someone of the person’s own choosing, the person charged is responsible for obtaining a chemical analysis of the test sample.
(2) If, after an accident, the operator of a vessel involved in the accident is transported to a medical facility and a sample of the operator’s blood is withdrawn at that time for the purpose of medical treatment, the results of a chemical analysis of that sample are admissible in any civil or criminal proceeding to show the amount of alcohol or presence of a controlled substance, or both, in the person’s blood at the time alleged, regardless of whether the person had been offered or had refused a chemical test. The medical facility or person performing the chemical analysis shall disclose the results of the analysis to a prosecuting attorney who requests the results for use in a criminal prosecution as provided in this subsection. A medical facility or person disclosing information in compliance with this subsection is not civilly or criminally liable for making the disclosure.
Terms Used In Michigan Laws 324.80182
- Controlled substance: means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 324.80101
- Decedent: A deceased person.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Operator: means the person who is in control or in charge of a vessel while that vessel is underway. See Michigan Laws 324.80103
- Peace officer: means any of the following:
(i) A sheriff. See Michigan Laws 324.80104Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301 Use: means operate, navigate, or employ. See Michigan Laws 324.80104 Vessel: means every description of watercraft used or capable of being used as a means of transportation on water. See Michigan Laws 324.80104
(3) If, after an accident, the operator of a vessel involved in the accident is deceased, a sample of the decedent‘s blood shall be withdrawn in a manner directed by the medical examiner for the purpose of determining the amount of alcohol or the presence of a controlled substance, or both, in the decedent’s blood. The medical examiner shall give the results of the chemical analysis of the sample to the law enforcement agency investigating the accident, and that agency shall forward the results to the department.