People v. Borchard-Ruhland

We granted leave in this case to determine whether defendant’s blood alcohol test results were properly suppressed where the police did not attempt to comply with the requirements of the implied consent statute, MCL 257.625c; MSA 9.2325(3). Because the clear language of the implied consent statute requires an arrest as a triggering event, we hold that its provisions do not apply to defendant. Rather, the validity of defendant’s consent to chemical testing is evaluated under the standards of US Const, Am IV, and Const 1963, art 1, § 11. The decision of the Court of Appeals is reversed, and the…