Sec. 82138.
(1) A chemical test described in section 82137 shall be administered at the request of a peace officer having reasonable grounds to believe the person has committed a crime described in section 82143(1). A person who takes a chemical test administered at the request of a peace officer, as provided in section 82137, shall be given a reasonable opportunity to have someone of the person's own choosing administer 1 of the chemical tests described in section 82137 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of a snowmobile involved in an accident is transported to a medical facility and a sample of the operator's blood is withdrawn at that time for the purpose of medical treatment, the results of a chemical analysis of that sample are admissible in any civil or criminal proceeding to show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.
(3) If, after an accident, the operator of a snowmobile involved in an accident is deceased, a sample of the decedent's blood shall be withdrawn in a manner directed by the medical examiner for the purpose of determining the amount of alcohol or the presence of a controlled substance, or both, in the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 of state police.
History: Add. 1995, Act 58, Imd. Eff. May 24, 1995 Popular Name: Act 451Popular Name: NREPAPopular Name: Snowmobiles
Structure Michigan Compiled Laws
Chapter 324 - Natural Resources and Environmental Protection
Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106)
Article III - Natural Resources Management (324.30101...324.83109)
451-1994-III-4 - Chapter 4 Recreation (324.70101...324.83109)
451-1994-III-4-6 - Subchapter 6 Motorized Recreational Vehicles (324.81101...324.82161)
451-1994-III-4-6-SNOWMOBILES - Snowmobiles (324.82101...324.82161)
451-1994-III-4-6-SNOWMOBILES-821 - Part 821 Snowmobiles (324.82101...324.82161)
Section 324.82101 - Definitions.
Section 324.82102 - Snowmobiles; Exemption From Taxes and Fees.
Section 324.82102a - Michigan Snowmobile Advisory Committee.
Section 324.82104 - Special Event; Certificate of Registration or Registration Decal Not Required.
Section 324.82105a - Fees; Delinquency; Penalty; Deposit and Use of Collected Penalties.
Section 324.82108 - Snowmobile Safety Education and Training Program.
Section 324.82110a - Permanent Snowmobile Trail Easement Subaccount.
Section 324.82111 - Snowmobile Registration Fee Subaccount; Creation.
Section 324.82112 - Operation of Snowmobile Program; Review of Effectiveness; Report.
Section 324.82117 - Dealers; Duties; Liability Insurance.
Section 324.82118 - Michigan Snowmobile Trail Permit; Exceptions.
Section 324.82121 - Use of Snowmobile to Hunt Wild Bird or Animal.
Section 324.82123 - Crash Helmet Required.
Section 324.82126a - Operation of Snowmobile; Prohibited Conduct; Violation as Civil Infraction.
Section 324.82126b - Operation of Snowmobile; Prohibited Conduct; Violation as Misdemeanor; Penalty.
Section 324.82128 - Violations; Sanctions.
Section 324.82129 - Violations; Sanctions.
Section 324.82129a - Violation of MCL 324.82127(6); Sanctions; Community Service.
Section 324.82129b - Violation of MCL 324.82127(7)(a) or (B); Sanctions; Community Service.
Section 324.82130 - Enhanced Sentence; Listing of Prior Convictions; Attempted Violation.
Section 324.82132 - Accidents; Notice; Reports.
Section 324.82134 - Violations; Appearance Tickets; Presumption.
Section 324.82136 - Arrest Without Warrant; Preliminary Chemical Breath Analysis.
Section 324.82137 - Chemical Tests and Analysis of Person's Blood, Urine, or Breath; Provisions.
Section 324.82140 - Refusal to Submit to Chemical Test; Admissibility.
Section 324.82142 - Consideration of Prior Convictions; Sanctions.
Section 324.82144 - Refusal to Submit to Chemical Test; Court Order; Report to Secretary of State.
Section 324.82145 - Refusal to Submit to Chemical Test; Notice of Right to Hearing.
Section 324.82151 - Ex Parte Order to Stay Pending Order.
Section 324.82153 - Impoundment of Snowmobile.
Section 324.82154 - Conviction Based on Plea of Nolo Contendere.
Section 324.82156a - Disclosure of Personal Information; Uses.
Section 324.82157 - Abstract or Record to Be Kept by Court Clerk of Record.
Section 324.82159 - Person Arrested Without Warrant to Be Taken Before Magistrate or Judge.
Section 324.82160 - Prohibited Conduct; Violations as Felony; Penalties.
Section 324.82161 - Abandonment of Snowmobile Prohibited; Presumption; Violation; Civil Infraction.