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  #1  
Old 03-30-2017, 09:45 AM
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Default Bill would allow minors to refuse Breathalyzer requests

LANSING — The Michigan House has passed legislation that would allow minors to refuse requests by police to submit to Breathalyzers.

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LANSING — The Michigan House has passed legislation that would allow minors to refuse requests by police to submit to Breathalyzers.

Officers would be prohibited from administering the tests that measure a person's blood-alcohol level without consent by the minor or a judge-signed court order.
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Old 03-30-2017, 10:02 AM
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I have mixed feelings about this. If you are a victim of a minor who was driving under the influence this would make it so much harder for the victim to prosecute criminally or civilly...at least at first look. Even though the minor can still be arrested, by the time they do get permission to administer a breathalyzer or blood tests the levels could be much lower or none at all than when stopped.

It so interesting that these news stories never include the reasoning why. They leave the reader in the position of filling in the blanks, which most of the time is negative.

Last edited by AndyS; 03-30-2017 at 10:05 AM..
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Old 03-30-2017, 10:41 AM
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I'm sure they can refuse but there has to be some consequence of they do.
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Old 03-30-2017, 11:08 AM
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I'm sure they can refuse but there has to be some consequence of they do.
Apparently the bill eliminates the consequences of refusal, as well. They are still subject to arrest under suspicion of DUI.

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The bill also would eliminate tickets and fines and the two points tacked onto a minor's driving record for refusing to submit to a Breathalyzer.
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Old 03-30-2017, 06:08 PM
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Exactly.
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Old 03-30-2017, 06:11 PM
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I'm not familiar with DUI charges, particularly in MI...is there a consequence for an adult refusing the test, outside of the potential for arrest?

I've never lived in a state with a point system for licenses, so I'm not quite sure how that works.
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Old 03-30-2017, 06:31 PM
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The consequence is revocation/suspension of DL for refusing in Texas.
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Old 03-30-2017, 06:38 PM
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I have a very strong negative opinion of this.

Driving is a privilege, not a right. Someone operating a couple thousand pounds of machinery should be held responsible for their every action. I don't care if it's a 14yo with a learner's permit or a 30yo with some actual driving experience. An impaired driver is an impaired driver. Driving under the influence is a crime for good reason. I'm going to be just as dead if a minor hits me as I'd be if that 30yo hit me.

Then again, maybe MI could do away with the need for minors to follow other annoying laws as well? They're just kids! Why should they have to stop at stop lights?
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Old 03-30-2017, 07:15 PM
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Yet another reason to have DWI/PI statutes that have a different presumptive threshold for persons under the age of 21...ANY detectable level of alcohol on breath or in blood then becomes the new baseline for conviction/adjudication.
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Old 03-30-2017, 07:23 PM
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Yet another reason to have DWI/PI statutes that have a different presumptive threshold for persons under the age of 21...ANY detectable level of alcohol on breath or in blood then becomes the new baseline for conviction/adjudication.
Fuzzy-brain here - I don't understand
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Old 03-30-2017, 07:26 PM
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Fuzzy-brain here - I don't understand
If it is illegal to drink under the age of 21, then ANY detectable amount means you were under the influence for the purposes of DWI and Public Intoxication. Thus the loss of a few one-hundredths of a point on the BAC does not matter the way it would for an adult who does not blow at the side of the road but is .065 by the time they blow at the jail (and who, with a decent video, has a good argument that they were not intoxicated and where the State may be reluctant to get into the battle of experts regarding retrograde extrapolation).
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Old 03-30-2017, 07:42 PM
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Gotcha. Thank you!
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Old 03-30-2017, 11:10 PM
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Originally Posted by CenTexLyn View Post
If it is illegal to drink under the age of 21, then ANY detectable amount means you were under the influence for the purposes of DWI and Public Intoxication. Thus the loss of a few one-hundredths of a point on the BAC does not matter the way it would for an adult who does not blow at the side of the road but is .065 by the time they blow at the jail (and who, with a decent video, has a good argument that they were not intoxicated and where the State may be reluctant to get into the battle of experts regarding retrograde extrapolation).
Isn't that why it's called a DUI in Texas?
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Old 03-31-2017, 05:26 AM
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Any way just because they can refuse this test doesn't mean anything. These children will still be in trouble. They are minors who are intoxicated and they will be punished end of story.
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Old 03-31-2017, 06:28 AM
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Isn't that why it's called a DUI in Texas?
It is actually referred to as DWI here, even for the minors with a barely perceptible level of alcohol or any substance...exceptions on titles will be for the BWI and the FWI. Yes, Texas actually has a State-level charge for flying while intoxicated, even though the person discovering it is apt to be a fed and the federal statutes are far more stringent on pilots...
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