MICHIGAN VEHICLE CODE
Act 300 of 1949
257.625c Consent to chemical tests; persons not considered to have given consent to withdrawal of blood; administration of tests; definitions.
Sec. 625c.
(1) A person who operates a vehicle upon a public highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state 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 other intoxicating substance, or any combination of them, in his or her blood or urine or the amount of alcohol in his or her breath in all of the following circumstances:
(a) If the person is arrested for a violation of section 625(1), (3), (4), (5), (6), (7), or (8), section 625a(5), or section 625m or a local ordinance substantially corresponding to section 625(1), (3), (6), or (8), section 625a(5), or section 625m.
(b) If the person is arrested for a violation of section 601d, section 626(3) or (4), or manslaughter, or murder resulting from the operation of a motor vehicle, and the peace officer had reasonable grounds to believe the person was operating the vehicle in violation of section 625.
(2) A person who is afflicted with hemophilia, diabetes, or a condition requiring the use of an anticoagulant under the direction of a physician is not considered to have given consent to the withdrawal of blood.
(3) The tests shall be administered as provided in section 625a(6).
(4) As used in this section:
(a) "Controlled substance" means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104.
(b) "Intoxicating substance" means that term as defined in section 625.
History: Add. 1967, Act 253, Eff. Nov. 2, 1967 ;-- Am. 1980, Act 515, Eff. Apr. 1, 1981 ;-- Am. 1982, Act 310, Eff. Mar. 30, 1983 ;-- Am. 1991, Act 95, Eff. Jan. 1, 1992 ;-- Am. 1991, Act 100, Eff. Jan. 1, 1993 ;-- Am. 1994, Act 211, Eff. Nov. 1, 1994 ;-- Am. 1994, Act 450, Eff. May 1, 1995 ;-- Am. 1998, Act 350, Eff. Oct. 1, 1999 ;-- Am. 2003, Act 61, Eff. Sept. 30, 2003 ;-- Am. 2008, Act 463, Eff. Oct. 31, 2010 ;-- Am. 2014, Act 315, Eff. Jan. 12, 2015
Compiler's Notes:
Section 2 of Act 310 of 1982 provides: “All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this amendatory act takes effect are saved and may be consummated according to the law in force when they are commenced. This amendatory act shall not be construed to affect any prosecution pending or initiated before the effective date of this amendatory act, or initiated after the effective date of this amendatory act for an offense committed before that effective date.”
Notes of Decisions
People v. Borchard-Ruhland, 597 N.W.2d 1 (Mich. 1999).
· cites it 12× “[MCL 257.625c; MSA 9.2325(3).] When chemical tests are administered under § 625a(6), the statute requires that (b) A person arrested for a crime described in section 625c(1) shall be advised of all of the following: (i) If he or she takes a chemical test of his or her blood,…”
People v. Aldrich, 631 N.W.2d 67 (Mich. Ct. App. 2001).
· cites it 2× “§§ 257.625c and 257.625a(6)(b). However, the Court was construing the provision of the statute that sets forth the presumption of consent to testing, § 625c, and the provision that establishes the notice rights of the suspect, subsection 625a(6)(b), both of which expressly…”
People v. Perlos, 462 N.W.2d 310 (Mich. 1990).
· cites it 4× “625a(6); MSA 9.2325(1)(6), if a person refuses the request of a peace officer to submit to a blood, breath, or urine test, the person's operator's license will be suspended, and six points added to that person's driving record.”
People v. Green, 871 N.W.2d 888 (Mich. Ct. App. 2015).
· cites it 4× “2 MCL 257.625c is the implied consent statute.”
Collins v. Sec'y of State, 187 N.W.2d 423 (Mich. 1971).
· cites it 6× “2325[1], [2], [3] and [6]); MCLA § 257.625c (Stat Ann 1968 Rev § 9.2325 [3] [2]) and MCLA § 257.”
People v. Fosnaugh, 639 N.W.2d 587 (Mich. Ct. App. 2002).
· cites it 3× “Obtaining the first sample is sufficient to meet the requirements for evidentiary purposes prescribed in [MCL 257.625c. 5 ] The purpose of obtaining a second sample result is to confirm the result of the first sample.”
People v. Hyde, 775 N.W.2d 833 (Mich. Ct. App. 2009).
“[24] 24 MCL 257.625c. 25 Brzezinski, supra. [26] 26 Id.”
People v. Keen, 242 N.W.2d 405 (Mich. 1976).
· cites it 2× “[18] The following appears on the reverse side of the Officer's Sworn Report of Refusal to Submit to Chemical Test: "Advice of Rights for Chemical Test "(The following Advice of Rights shall be read to all persons arrested pursuant to Section 625(a)-(f) of Act 300 of 1949, as…”
Christopher Bailey v. City of Howell, 643 F. App'x 589 (6th Cir. 2016).
· cites it 2× “Mich. Comp. Laws 257.625c. Further, if a person refuses a chemical test after the person has been arrested for operating while intoxicated or impaired, the officer must “immediately confiscate the person’s license” and issue a temporary license or permit to the person.”
People v. Carter, 259 N.W.2d 883 (Mich. Ct. App. 1977).
· cites it 4× “NOTES [1] The record shows that the defendant consented to the test pursuant to the statutory procedure contained in the "implied consent" statute, MCLA 257.625c et seq.; MSA 9.2325(3) et seq.”
People v. Reid, 810 N.W.2d 391 (Mich. Ct. App. 2011).
“625a(6)(d) provides that a defendant in an OWI case be given a “reasonable opportunity” to obtain an independent analysis of his or her blood sample: A chemical test described in this subsection shall be administered at the request of a peace officer having reasonable grounds to…”
— Mich. Comp. Laws § 257.625c(1) — 10 cases
— Mich. Comp. Laws § 257.625c(1)(a) — 4 cases
People v. Green, 871 N.W.2d 888 (Mich. Ct. App. 2015).
“2 MCL 257.625c is the implied consent statute.”
People v. Keen, 242 N.W.2d 405 (Mich. 1976).
“[18] The following appears on the reverse side of the Officer's Sworn Report of Refusal to Submit to Chemical Test: "Advice of Rights for Chemical Test "(The following Advice of Rights shall be read to all persons arrested pursuant to Section 625(a)-(f) of Act 300 of 1949, as…”
— Mich. Comp. Laws § 257.625c(2) — 1 case
— Mich. Comp. Laws § 257.625c(3) — 3 cases
— Mich. Comp. Laws § 257.625c(4) — 1 case
— Mich. Comp. Laws § 257.625c(l) — 6 cases
People v. Green, 871 N.W.2d 888 (Mich. Ct. App. 2015).
“2 MCL 257.625c is the implied consent statute.”
People v. Reid, 810 N.W.2d 391 (Mich. Ct. App. 2011).
“625a(6)(d) provides that a defendant in an OWI case be given a “reasonable opportunity” to obtain an independent analysis of his or her blood sample: A chemical test described in this subsection shall be administered at the request of a peace officer having reasonable grounds to…”
— Mich. Comp. Laws § 257.625c(l)(a) — 1 case
People v. Keen, 242 N.W.2d 405 (Mich. 1976).
“[18] The following appears on the reverse side of the Officer's Sworn Report of Refusal to Submit to Chemical Test: "Advice of Rights for Chemical Test "(The following Advice of Rights shall be read to all persons arrested pursuant to Section 625(a)-(f) of Act 300 of 1949, as…”
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