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Michigan

Select Law

1. Yes or no: Does your state have a statute that allows for the collection of oral fluid/other bodily substances/saliva for roadside testing?

No
State previously conducted roadside pilot programs, but they have since concluded.

1a. If yes, what is the statute language and citation?

M.C.L.A. 257.625r: Allowed for the roadisde collection of oral fluid during two pilot programs 2017-2018 and 2019-2020. Pilots have since concluded.

1b. Are there penalties for refusing a roadside oral fluid screening test, and if so, what are the penalties?

No penalties during pilot programs.

1c. If yes, does your state require oral fluid screening devices to be approved by any entity, either by statute or policy? If yes, please include the relevant statute or policy and the agency that must approve.

N/A

2. Are any law enforcement agencies currently using testing devices and requesting voluntary roadside samples of oral fluid?

No

2a. Has your state attempted to pass any oral fluid bills that have failed, or is there currently a bill under consideration? If so, please provide details.

Yes, as of June 2025, the MI state legislature is considering the following oral fluid, tie-barred related bills: HB 4391/4390

The state also considered HB 4701 in 2021, but it didn't pass.

3. Yes or no: Does your state have a statute that allows for evidential/confirmation testing of oral fluid/other bodily substances/saliva?

No

3a. If yes, what is the statute language and citation?

N/A

3b. Are there penalties for refusing an evidential oral fluid test, and if so, what are the penalties?

N/A

4. Please provide a narrative describing the implementation status of any roadside oral fluid testing program in your state. Please also include one of the following categories to classify your program: Statewide roadside; Jurisdictional roadside; Not implemented.

Not implemented

4a. Please provide a narrative describing the status of any evidential testing program in your state. Please also include one of the following categories to classify your program: Statewide evidential; Jurisdictional evidential; Not implemented.

Not implemented

4b. If you have this information available, please provide details on the following:

For more information, see the Michigan State Police’s:
-Oral Fluid Analysis Pilot Program report
-Oral Fluid Roadside Analysis Pilot Program, Phase II report

Phase 1: https://www.michigan.gov/-/media/Project/Websites/msp/reports/Oral_Fluid_Report.pdf?rev=f3f046036bc34e87b8113bced08ea484

Phase 2: https://www.michigan.gov/-/media/Project/Websites/msp/reports/phase_ii_oral_fluid_report.pdf?rev=911dc2c7042d444eb8918395a2211915

5. If you have this information available and your state has implemented a roadside oral fluid testing program, is it collecting data, yes or no? If yes, please describe the types of data being collected, such as oral fluid test results, comparisons to evidential results, drug use trends, other relevant data to aid in program evaluation and/or problem identification.

See above for more information.

6. Who in your state can we contact for assistance with any questions you may be unsure about? Please provide their name, phone and/or email.

Contact state TSRP or SHSO for more information.
AL AK AZ AR CA CO CT DE FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY DC GU AS PR VI MP
  • Currently administering a statewide roadside oral fluid testing program
  • Currently administering a jurisdictional roadside oral fluid testing program
  • Currently administering a statewide evidential oral fluid testing program
  • Currently administering statewide roadside and statewide evidential oral fluid testing programs
  • Currently administering jurisdictional roadside and statewide evidential oral fluid testing programs
  • No roadside or evidential testing program implemented
  • No information provided

The NASID Oral Fluid Working Group surveyed experts from every state to identify existing statutes on oral fluid testing and assess the implementation of roadside and/or evidential oral fluid testing programs. Select a state to view its specific survey responses. You can also learn more about the oral fluid terminology used in this map by viewing our glossary of definitions. Have any questions or updates? Please contact [email protected].