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Cite Needed. Implied Consent

T

T Vance

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Not on this website, USA
WARCHILD

WARCHILD

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Feb 18, 2008
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1,768
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Corunna, Michigan, USA
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:
 
sprinklerguy28

sprinklerguy28

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Dec 9, 2009
Messages
666
Location
Michigan
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.
 
M

manicdevery

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Joined
Oct 4, 2009
Messages
361
Location
Clio, Michigan, USA
(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. . . .
 
NHCGRPR45

NHCGRPR45

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May 30, 2010
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1,131
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Chesterfield Township, MI
manicdevery said:
(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. . . .
Click to expand...


no silly, you can't pee in the breathalizer, you would be electrocuted! in a MOST embarassing way,,,,,,:banana: 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,,,,,,,"
 
S

sasha601

Regular Member
Joined
Feb 13, 2010
Messages
338
Location
Rochester Hills, Michigan, USA
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
 
Michigun

Michigun

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May 12, 2010
Messages
139
Location
Michigan
sasha601 said:
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
Click to expand...
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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