Bill > HB4391

This bill amends the Michigan vehicle code to expand methods of testing intoxication or impairment by adding "oral fluid" as an acceptable bodily fluid for chemical testing during traffic stops and arrests related to suspected drunk or impaired driving. Specifically, the bill allows peace officers to conduct preliminary oral fluid analyses in addition to existing breath tests, and permits chemical testing of oral fluid samples alongside blood and urine tests. The bill includes new provisions to protect individuals' privacy when oral fluid testing is performed, such as requiring destruction of samples after testing, prohibiting DNA entry into databases, and limiting storage of test results. The bill also updates various sections of the vehicle code to consistently include references to "other bodily fluid" and oral fluid testing, ensuring that the same legal standards and procedures apply to this new testing method. These changes aim to provide law enforcement with an additional tool for detecting drug and alcohol impairment while maintaining safeguards for individual privacy. The bill will take effect 90 days after enactment and is tied to the passage of a companion bill (House Bill 4390).

Government Affairs, Justice

https://legislature.mi.gov/Bills/Bill?ObjectName=2025-HB-4391