A peace officer who has reasonable cause to believe that a person was operating a vehicle upon a public highway or other place open to the public or generally accessible to motor vehicles, including an area designated for the parking of vehicles within this state, and that the person, by the consumption of intoxicating liquor, may have affected his or her ability to operate a vehicle or reasonable cause to believe that a person who is less than 21 years of age was operating a vehicle upon a public highway or other place open to the public or generally accessible to motor vehicles, including an area designated for the parking of vehicles within this state while the person had any bodily alcohol content as that term is defined in M.C.L.A. § 257.625(6), may require the person to submit to a preliminary chemical breath analysis. The following provisions apply with respect to a preliminary chemical breath analysis administered under this section:
(A) A peace officer may arrest a person based in whole or in part upon the results of a preliminary chemical breath analysis.
(B) The results of a preliminary chemical breath analysis are admissible in a criminal prosecution for a crime enumerated in M.C.L.A. § 257.625e(1), or in an administrative hearing for one or more of the following purposes:
(1) To assist the court or hearing officer in determining a challenge to the validity of an arrest. This division does not limit the introduction of other competent evidence offered to establish the validity of an arrest.
(2) As evidence of the defendant's breath alcohol content, if offered by the defendant to rebut testimony elicited on cross-examination of a defense witness that the defendant's breath alcohol content was higher at the time of the charged offense than when a chemical test was administered under M.C.L.A. § 257.625a(6).
(3) As evidence of the defendant's breath alcohol content, if offered by the prosecution to rebut testimony elicited on cross-examination of a prosecution witness that the defendant's breath alcohol content was lower at the time of the charged offense than when a chemical test was administered under M.C.L.A. § 257.625a(6).
(C) A person who submits to a preliminary chemical breath analysis remains subject to the requirements of M.C.L.A. §§ 257.625c, 257.625d, 257.625e, and 257.625f for purposes of chemical tests described in those sections.
(D) Except for a person who was operating a commercial motor vehicle, a person who refuses to submit to a preliminary chemical breath analysis upon a lawful request by a peace officer is responsible for a civil infraction, the penalty for which is $180.
(Ord. 839, passed 2-28-00)