Bill Would Amend Michigan Law Concerning How Police may Request Preliminary Breath Tests

A pair of bills making their way through the Michigan Legislature looks to change the laws concerning how police may request minors, and drivers, submit to breath testing.

House Bills 4212 and 4213 are sponsored by Rep. Peter Lucido and would amend the Michigan laws concerning Preliminary Breath Tests, or PBT.

HB4212 requires an officer to obtain a person’s consent or a court order before being able to administer a PBT, as well as eliminating the civil penalty for refusing to submit to one, and eliminates the points that are added to a minor’s driver license for refusing a PBT.

The bill is currently in the Committee on Law and Justice.

HB 4213 however, was recently passed in the Michigan House of Representatives, and clarifies that a PBT cannot be administered without the consent of a minor, or a court order.

According to the Bill’s sponsors, there has been several federal court cases, and at least one Michigan case that ruled laws that require a minor to submit to a PBT are unconstitutional.

Proponents of the bill argue that PBT’s are notorious for being inaccurate, are not admissible in court, and the more accurate tests already require consent or a search warrant.

HB 4213 now heads to the Michigan Senate.

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