MICHIGAN VEHICLE CODE
Act 300 of 1949
257.625d Refusal to submit to chemical test; court order; report to secretary of state; form.
Sec. 625d.
(1) If a person refuses the request of a peace officer to submit to a chemical test offered under section 625a(6), a test shall not be given without a court order, but the officer may seek to obtain the court order.
(2) A written report shall immediately be forwarded to the secretary of state by the peace officer. The report shall state that the officer had reasonable grounds to believe that the person had committed a crime described in section 625c(1), and that the person had refused to submit to the test upon the request of the peace officer and had been advised of the consequences of the refusal. The form of the report shall be prescribed and furnished by the secretary of state.
History: Add. 1967, Act 253, Eff. Nov. 2, 1967 ;-- Am. 1968, Act 335, Eff. Nov. 15, 1968 ;-- 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. 1994, Act 211, Eff. Nov. 1, 1994 ;-- 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
McNitt v. Citco Drilling Co., 245 N.W.2d 18 (Mich. 1976).
· cites it 4× “In Gilbert v Leach , an allegedly intoxicated defendant asked the trial court to exclude similar evidence.”
People v. Borchard-Ruhland, 597 N.W.2d 1 (Mich. 1999).
· cites it 2× “The statute was later amended by 1980 PA 515 , stating that "a test shall not be given without a court order" if chemical testing pursuant to the implied consent statute is refused.”
People v. Callon, 662 N.W.2d 501 (Mich. Ct. App. 2003).
“Further, the fact that the doctor was present and signed the record supports delegation and supervision. Verbal delegation is not required by the statute.”
People v. Perlos, 462 N.W.2d 310 (Mich. 1990).
· cites it 2× “2325(3), could not impute the consent needed because any person has an absolute right to refuse a test under MCL 257.625d; MSA 9.2325(4), and defendants were not given an opportunity to refuse to submit to the tests.”
People v. Sloan, 538 N.W.2d 380 (Mich. 1995).
· cites it 2× “" [11] While provisions are made in the implied consent statutes of our Motor Vehicle Code for blood tests to be taken upon a police officer's determination that he has "reasonable grounds" to believe that a person has committed certain enumerated crimes, the statute requires…”
Collins v. Sec'y of State, 187 N.W.2d 423 (Mich. 1971).
· cites it 2× “2325 [3] [2]) and MCLA § 257.625d (Stat Ann 1968 Rev § 9.2325[4].”
Dawson v. Sec'y of State, 205 N.W.2d 299 (Mich. Ct. App. 1973).
· cites it 2× “(See MCLA 257.625d; MSA 9.2325[4].) The officer signed the report and handed it to a Detroit police sergeant who signed it as "clerk of record”.”
Harbison v. Sec'y of State, 383 N.W.2d 123 (Mich. Ct. App. 1985).
· cites it 2× “In fact, it is more than likely that, after thinking it over and after the initial trauma of arrest, he would have decided to change his mind." I cannot agree that the police had to give Harbison an opportunity to change his mind after he initially refused to take the test.”
People v. Weaver, 253 N.W.2d 359 (Mich. Ct. App. 1977).
“…revocation of his operator’s license. MCLA 257.625a(4); MSA 9.2325(1X4). 4 See MCLA 257.625a(2); MSA 9.2325(1)(2). 5 MCLA 257.625d; MSA 9.2325(4).”
People v. McKinney, 278 N.W.2d 728 (Mich. Ct. App. 1979).
“MCL 257.625d; MSA 9.2325(4) permits a person to refuse to submit to such a test.”
People v. Perlos, 428 N.W.2d 685 (Mich. Ct. App. 1988).
“However, under § 625d, MCL 257.625d; MSA 9.2325(4), a driver has an absolute right to refuse a police officer’s request to submit to a chemical test, which results in automatic suspension of the driver’s license.”
— Mich. Comp. Laws § 257.625d(l) — 1 case
People v. Callon, 662 N.W.2d 501 (Mich. Ct. App. 2003).
“Further, the fact that the doctor was present and signed the record supports delegation and supervision. Verbal delegation is not required by the statute.”
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