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Thread: Cite Needed. Implied Consent

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    Cite Needed. Implied Consent

    IIRC accepting a CPL is implied consent to drug/alcohol screening, does anybody have the MCL handy?

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    Regular Member Bronson's Avatar
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    Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. Thomas Paine

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    perfect! thank you

    no, I don't use drugs or alcohol.

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    Quote Originally Posted by stainless1911 View Post
    IIRC accepting a CPL is implied consent to drug/alcohol screening, does anybody have the MCL handy?
    http://www.legislature.mi.gov/(S(hpp...0AND%20consent

    (4) A peace officer who has probable cause to believe an individual is carrying a concealed pistol in violation of this section may require the individual to submit to a chemical analysis of his or her breath, blood, or urine.

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    Regular Member WARCHILD's Avatar
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    By accepting your cpl you acknowledge the implied consent.


    FIREARMS (EXCERPT)
    Act 372 of 1927


    28.425k Acceptance of license as implied consent to submit to chemical analysis of breath, blood, or urine.
    Sec. 5k.
    (1) Acceptance of a license issued under this act to carry a concealed pistol constitutes implied consent to submit to a chemical analysis under this section. This section also applies to individuals listed in section 12a(a) to (f).
    (2) An individual shall not carry a concealed pistol while he or she is under the influence of alcoholic liquor or a controlled substance or while having a bodily alcohol content prohibited under this section. A person who violates this section is responsible for a state civil infraction or guilty of a crime as follows:

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    just so i am clear.....even with cpl an officer still needs probable cause to administer a breathalyzer, correct?

    or

    can an officer demand that you submit to a breath test anytime anywhere?
    Quis custodiet ipsos custodes? (who will watch the watchmen?)

    I am not a lawyer. Nothing in any of posts should be construed as legal advice.

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    Regular Member sprinklerguy28's Avatar
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    Probable cause of a CPl violation is required for a chemical test. If no violation or crime is being committed they can not force you to submit to a test.

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    it would appear that a CPL who is open carrying is not covered by this implied consent statute.

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    (b) If the certificate holder submits to the chemical analysis, he or she may obtain a chemical analysis described in subsection (4) from a person of his or her own choosing.

    (6) The collection and testing of breath, blood, and urine specimens under this section shall be conducted in the same manner that breath, blood, and urine specimens are collected and tested for alcohol-related and controlled-substance-related motor vehicle operation violations under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.

    So you get to choose how the test is conducted, breath, blood, or urine? so you could pee in their breathalizer?!?!?!?! awesome. . . .

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    Regular Member NHCGRPR45's Avatar
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    Quote Originally Posted by manicdevery View Post
    (b) If the certificate holder submits to the chemical analysis, he or she may obtain a chemical analysis described in subsection (4) from a person of his or her own choosing.

    (6) The collection and testing of breath, blood, and urine specimens under this section shall be conducted in the same manner that breath, blood, and urine specimens are collected and tested for alcohol-related and controlled-substance-related motor vehicle operation violations under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.

    So you get to choose how the test is conducted, breath, blood, or urine? so you could pee in their breathalizer?!?!?!?! awesome. . . .

    no silly, you can't pee in the breathalizer, you would be electrocuted! in a MOST embarassing way,,,,,, but just think of the story the cop could tell to his friends later!!!!

    "so here i was just trying to get a breath test from this guy and,,,,,,,"
    But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. Declaration of Independence July 4, 1776

    Michigan Concealed Pistol Instructor. Cost 80.00 With advanced techniques included free. PM for more information!

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    Teeheehee

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    Another reason to choose OC vs. CC. For OC the alcohol limit is the same as operating vehicle - 0.08. CC is only 0.02. This is especially true next morning after heavy drinking. Many would still blow over 0.02, but almost never over 0.08

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    Regular Member Michigun's Avatar
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    Quote Originally Posted by sasha601 View Post
    Another reason to choose OC vs. CC. For OC the alcohol limit is the same as operating vehicle - 0.08. CC is only 0.02. This is especially true next morning after heavy drinking. Many would still blow over 0.02, but almost never over 0.08
    Unless you are open carrying in your vehicle (with cpl), which is actually concealed carrying, so the limit would then be 0.02 while in a vehicle. hmm, guns + alcohol mix even less than driving + alcohol.

    (p.s., and no, I don't drink, much less drink and drive).

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    Regular Member Michigun's Avatar
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    Quote Originally Posted by WARCHILD View Post
    By accepting your cpl you acknowledge the implied consent.
    I really wish we had a thread here detailing the little known facts/laws of OC and CC in Michigan. It seems like I learn something new here every week.

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    The thread isnt a thread, its OCDO.

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