February 18, 2003, Introduced by Rep. Van Regenmorter and referred to the Committee on Criminal Justice.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 310d, 310e, 319, 624b, 625, 625a, 625c,
625g, 625i, and 625m (MCL 257.310d, 257.310e, 257.319, 257.624b,
257.625, 257.625a, 257.625c, 257.625g, 257.625i, and 257.625m),
sections 310d and 625g as amended by 1999 PA 73, section 310e as
amended by 2002 PA 554, section 319 as amended by 2002 PA 534,
section 624b as amended by 1998 PA 349, sections 625 and 625m as
amended by 2000 PA 460, section 625a as amended by 1998 PA 351,
section 625c as amended by 1998 PA 350, and section 625i as
amended by 1998 PA 354, and by adding section 1d.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1d. "Alcoholic liquor" means that term as defined in
2 section 105 of the Michigan liquor control code of 1998, 1998
3 PA 58, MCL 436.1105.
1 Sec. 310d. (1) A license issued under this act to a person
2 not previously licensed in this or in another state shall be
3 designated as probationary for 3 years after the date of
4 issuance. During the first 12 months of probation, the license
5 may be suspended or probationary terms and conditions may be
6 imposed upon failure of the licensee to appear before a
7 magistrate, as provided in this chapter, or upon conviction of
8 the licensee or determination of the licensee's responsibility
9 for a moving violation in this state. The period of suspension
10 or the probationary terms and conditions shall not be for more
11 than 12 months and shall be determined by the secretary of state
12 at an examination of the driver by the secretary of state.
13 (2) Upon completion of the first 12 months of probation, the
14 secretary of state may require a licensee to be reexamined by the
15 secretary of state if the licensee's driving record contains any
16 of the following:
17 (a) A conviction or civil infraction determination for a
18 moving violation that was assessed 4 or more points as provided
19 in section 320a.
20 (b) Three convictions or 3 civil infraction determinations,
21 or a combination of convictions and civil infraction
22 determinations that equals 3, for moving violations.
23 (c) A total of 6 or more points as provided in section 320a.
24 (d) A conviction or civil infraction determination for a
25 moving violation and an accident for which the official police
26 report indicates the
licensee had been drinking intoxicating
27 alcoholic liquor.
1 (e) A conviction or civil infraction determination for a
2 moving violation and an accident for which the official police
3 report indicates a moving violation on the part of the licensee.
4 (f) Three accidents for which the official police report
5 indicates a moving violation on the part of the licensee.
6 (g) A suspension pursuant to section 625f.
7 (3) The probationary period shall be extended beyond 3 years
8 and the secretary of state may reexamine a licensee as provided
9 in subsection (2) if any of the following occur and are recorded
10 on the licensee's driving record during the last 10 months of the
11 probationary period:
12 (a) A moving violation resulting in a conviction or civil
13 infraction determination.
14 (b) An accident for which the official police report
15 indicates a moving violation on the part of the licensee.
16 (c) An accident for which the official police report
17 indicates the licensee
had been drinking intoxicating alcoholic
18 liquor.
19 (d) A license suspension for a reason other than a mental or
20 physical disability.
21 (4) The probationary period shall be extended pursuant to
22 subsection (3) until the licensee completes 10 consecutive months
23 without a moving violation, accident, or suspension enumerated in
24 subsection (3).
25 (5) Upon completion of a reexamination, the secretary of
26 state may suspend or impose probationary terms and conditions on
27 the license of a probationary licensee, except that a
1 reexamination for subsection (2)(d), (e), or (f) shall not result
2 in a license suspension or the imposition of probationary terms
3 or conditions.
4 (6) For 24 months immediately after a licensee's probationary
5 period, the secretary of state may require the licensee to be
6 reexamined by the secretary of state if the licensee's driver
7 record has a total of 9 or more points, as provided in section
8 320a, imposed in a period of 2 years and if the licensee's record
9 contains 1 or more of the following:
10 (a) A conviction for a violation of section 625(1), (3), (4),
11 (5), (6), or (7), section 625m, former section 625(1) or (2), or
12 former section 625b, a local ordinance substantially
13 corresponding to section 625(1), (3), or (6), section 625m,
14 former section 625(1) or (2), or former section 625b, or a law of
15 another state substantially corresponding to section 625(1), (3),
16 (4), (5), (6), or (7), section 625m, former section 625(1) or
17 (2), or former section 625b.
18 (b) A conviction for driving while visibly impaired due to
19 consumption of intoxicating
alcoholic liquor, a controlled
20 substance, or a
combination of intoxicating alcoholic liquor
21 and a controlled substance.
22 (c) A suspension of the licensee's license pursuant to
23 section 625f.
24 (d) An accident for which the official police report
25 indicates a moving violation on the part of the licensee.
26 (e) An accident for which the official police report
27 indicates the licensee
had been drinking intoxicating alcoholic
1 liquor.
2 (7) Upon completion of a reexamination under subsection (6),
3 the secretary of state may suspend the license of the licensee,
4 except that a reexamination for subsection (6)(d) or (e) shall
5 not result in a license suspension or restriction.
6 (8) If a licensee fails to appear for a reexamination
7 scheduled by the secretary of state pursuant to this section, the
8 licensee's license may be suspended immediately and remain
9 suspended until the licensee appears for a reexamination by the
10 secretary of state.
11 (9) Notice of a reexamination required under this section
12 shall be given by first-class mail to the last known address of
13 the licensee.
14 (10) For purposes of this section:
15 (a) Upon conviction for a moving violation, the date of the
16 violation shall be used in determining whether the conviction
17 occurred within the probationary period.
18 (b) Upon entry of a civil infraction determination for a
19 moving violation, the date of the violation shall be used in
20 determining whether the civil infraction determination occurred
21 within the probationary period.
22 (c) Information of a reexamination shall not be placed on a
23 driver's record unless the secretary of state suspends a license
24 or imposes probationary terms and conditions.
25 (d) A suspension shall be considered part of a driving record
26 from the date the suspension is imposed until the suspension is
27 terminated.
1 (e) The date of the official police report shall be used in
2 determining whether a licensee was driving a motor vehicle
3 involved in an accident for which the official police report
4 indicates a moving violation on the part of the licensee or
5 indicates the licensee
had been drinking intoxicating alcoholic
6 liquor.
7 Sec. 310e. (1) Except as otherwise provided in this act, an
8 operator's or chauffeur's license issued to a person who is 17
9 years of age or less shall be in a form as prescribed in section
10 310 beginning July 1, 2003, and is valid only upon the issuance
11 of a graduated driver license.
12 (2) The secretary of state shall designate graduated
13 licensing provisions in a manner that clearly indicates that the
14 person is subject to the appropriate provisions described in this
15 section.
16 (3) Except as otherwise provided in section 303, a person who
17 is not less than 14 years and 9 months of age may be issued a
18 level 1 graduated licensing status to operate a motor vehicle if
19 the person has satisfied all of the following conditions:
20 (a) Passed a vision test and met health standards as
21 prescribed by the secretary of state.
22 (b) Successfully completed segment 1 of a driver education
23 course approved by the department of education including a
24 minimum of 6 hours of on-the-road driving time with the
25 instructor.
26 (c) Received written approval of a parent or legal guardian.
27 (4) A person issued a level 1 graduated licensing status may
1 operate a motor vehicle only when accompanied either by a
2 licensed parent or legal guardian or, with the permission of the
3 parent or legal guardian, a licensed driver 21 years of age or
4 older. Except as otherwise provided in this section, a person is
5 restricted to operating a motor vehicle with a level 1 graduated
6 licensing status for not less than 6 months.
7 (5) A person may be issued a level 2 graduated licensing
8 status to operate a motor vehicle if the person has satisfied all
9 of the following conditions:
10 (a) Had a level 1 graduated licensing status for not less
11 than 6 months.
12 (b) Successfully completed segment 2 of a driver education
13 course approved by the department of education.
14 (c) Not incurred a moving violation resulting in a conviction
15 or civil infraction determination or been involved in an accident
16 for which the official police report indicates a moving violation
17 on the part of the person during the 90-day period immediately
18 preceding application.
19 (d) Presented a certification by the parent or guardian that
20 he or she, accompanied by his or her licensed parent or legal
21 guardian or, with the permission of the parent or legal guardian,
22 any licensed driver 21 years of age or older, has accumulated a
23 total of not less than 50 hours of behind-the-wheel experience
24 including not less than 10 nighttime hours.
25 (e) Successfully completed a secretary of state approved
26 performance road test. The secretary of state may enter into an
27 agreement with another public or private person or agency,
1 including a city, village, or township, to conduct this
2 performance road test. This subdivision applies to a person 16
3 years of age or over only if the person has satisfied
4 subdivisions (a), (b), (c), and (d).
5 (6) A person issued a level 2 graduated licensing status
6 under subsection (5) shall remain at level 2 for not less than 6
7 months and shall not operate a motor vehicle within this state
8 from 12 midnight to 5 a.m. unless accompanied by a parent or
9 legal guardian or a licensed driver over the age of 21 designated
10 by the parent or legal guardian, or except when going to or from
11 employment.
12 (7) The provisions and provisional period described in
13 subsection (4) or (6) shall be expanded or extended, or both,
14 beyond the periods described in subsection (4) or (6) if any of
15 the following occur and are recorded on the licensee's driving
16 record during the provisional periods described in subsection (4)
17 or (6) or any additional periods imposed under this subsection:
18 (a) A moving violation resulting in a conviction, civil
19 infraction determination, or probate court disposition.
20 (b) An accident for which the official police report
21 indicates a moving violation on the part of the licensee.
22 (c) A license suspension for a reason other than a mental or
23 physical disability.
24 (d) A violation of subsection (4) or (6).
25 (8) The provisional period described in subsection (4) shall
26 be extended under subsection (7) until the licensee completes 90
27 consecutive days without a moving violation, an accident in which
1 a moving violation resulted, accident, suspension, or provisional
2 period violation listed in subsection (7) or until age 18,
3 whichever occurs first. The provisional period described in
4 subsection (6) shall be extended under subsection (7) until the
5 licensee completes 12 consecutive months without a moving
6 violation, accident, suspension, or restricted period violation
7 listed in subsection (7) or until age 18, whichever occurs
8 first.
9 (9) A person who is not less than 17 years of age may be
10 issued a level 3 graduated licensing status under this subsection
11 if the person has completed 12 consecutive months without a
12 moving violation, an accident in which a moving violation
13 resulted, accident, suspension, or restricted period violation
14 listed in subsection (7) while the person was issued a level 2
15 graduated licensing status under subsection (5).
16 (10) Notice shall be given by first-class mail to the last
17 known address of a licensee if the provisions are expanded or
18 extended as described in subsection (7).
19 (11) A person who violates subsection (4) or (6) is
20 responsible for a civil infraction.
21 (12) If a person is determined responsible for a violation of
22 subsection (4) or (6), the secretary of state shall send written
23 notification of any conviction or moving violation to a
24 designated parent or guardian of the person.
25 (13) For purposes of this section:
26 (a) Upon conviction for a moving violation, the date of the
27 arrest for the violation shall be used in determining whether the
1 conviction occurred within a provisional licensure period under
2 this section.
3 (b) Upon entry of a civil infraction determination for a
4 moving violation, the date of issuance of a citation for a civil
5 infraction shall be used in determining whether the civil
6 infraction determination occurred within a provisional licensure
7 period under this section.
8 (c) The date of the official police report shall be used in
9 determining whether a licensee was driving a motor vehicle
10 involved in an accident for which the official police report
11 indicates a moving violation on the part of the licensee or
12 indicates the licensee
had been drinking intoxicating alcoholic
13 liquor.
14 (14) A person shall have his or her graduated licensing
15 status in his or her immediate possession at all times when
16 operating a motor vehicle, and shall display the card upon demand
17 of a police officer. A person who violates this subsection is
18 responsible for a civil infraction.
19 (15) This section does not apply to a person 15 years of age
20 or older who is currently enrolled but has not completed a driver
21 education course on April 1, 1997 or who has completed a driver
22 education course but has not acquired his or her driver license
23 on April 1, 1997.
24 Sec. 319. (1) The secretary of state shall immediately
25 suspend a person's license as provided in this section upon
26 receiving a record of the person's conviction for a crime
27 described in this section, whether the conviction is under a law
1 of this state, a local ordinance substantially corresponding to a
2 law of this state, or a law of another state substantially
3 corresponding to a law of this state.
4 (2) The secretary of state shall suspend the person's license
5 for 1 year for any of the following crimes:
6 (a) Fraudulently altering or forging documents pertaining to
7 motor vehicles in violation of section 257.
8 (b) A violation of section 413 of the Michigan penal code,
9 1931 PA 328, MCL 750.413.
10 (c) A violation of section 1 of former 1931 PA 214,
11 MCL 752.191, or section 626c.
12 (d) A felony in which a motor vehicle was used. As used in
13 this section, "felony in which a motor vehicle was used" means a
14 felony during the commission of which the person convicted
15 operated a motor vehicle and while operating the vehicle
16 presented real or potential harm to persons or property and 1 or
17 more of the following circumstances existed:
18 (i) The vehicle was used as an instrument of the felony.
19 (ii) The vehicle was used to transport a victim of the
20 felony.
21 (iii) The vehicle was used to flee the scene of the felony.
22 (iv) The vehicle was necessary for the commission of the
23 felony.
24 (e) A violation of section 602a(2) or (3) of this act or
25 section 479a(2) or (3) of the Michigan penal code, 1931 PA 328,
26 MCL 750.479a.
27 (3) The secretary of state shall suspend the person's license
1 for 90 days for any of the following crimes:
2 (a) Failing to stop and disclose identity at the scene of an
3 accident resulting in injury in violation of section 617a.
4 (b) A violation of section 601b(2), section 601c(1), section
5 626, or section 653a(3).
6 (c) Malicious destruction resulting from the operation of a
7 vehicle under section 382(1)(b), (c), or (d) of the Michigan
8 penal code, 1931 PA 328, MCL 750.382.
9 (d) A violation of section 703(2) of the Michigan liquor
10 control code of 1998, 1998 PA 58, MCL 436.1703.
11 (4) The secretary of state shall suspend the person's license
12 for 30 days for malicious destruction resulting from the
13 operation of a vehicle under section 382(1)(a) of the Michigan
14 penal code, 1931 PA 328, MCL 750.382.
15 (5) For perjury or making a false certification to the
16 secretary of state under any law requiring the registration of a
17 motor vehicle or regulating the operation of a vehicle on a
18 highway, or for conduct prohibited under section 324(1) or a
19 local ordinance substantially corresponding to section 324(1),
20 the secretary shall suspend the person's license as follows:
21 (a) If the person has no prior conviction for an offense
22 described in this subsection within 7 years, for 90 days.
23 (b) If the person has 1 or more prior convictions for an
24 offense described in this subsection within 7 years, for 1 year.
25 (6) For a violation of section 414 of the Michigan penal
26 code, 1931 PA 328, MCL 750.414, the secretary of state shall
27 suspend the person's license as follows:
1 (a) If the person has no prior conviction for that offense
2 within 7 years, for 90 days.
3 (b) If the person has 1 or more prior convictions for that
4 offense within 7 years, for 1 year.
5 (7) For a violation of section 624a or 624b of this act or
6 section 703(1) of the Michigan liquor control code of 1998, 1998
7 PA 58, MCL 436.1703, the secretary of state shall suspend the
8 person's license as follows:
9 (a) If the person has 1 prior conviction for an offense
10 described in this subsection or section 33b(1) of former 1933 (Ex
11 Sess) PA 8, for 90 days. The secretary of state may issue the
12 person a restricted license after the first 30 days of
13 suspension.
14 (b) If the person has 2 or more prior convictions for an
15 offense described in this subsection or section 33b(1) of former
16 1933 (Ex Sess) PA 8, for 1 year. The secretary of state may
17 issue the person a restricted license after the first 60 days of
18 suspension.
19 (8) The secretary of state shall suspend the person's license
20 for a violation of section 625 or 625m as follows:
21 (a) For 180 days for a violation of section 625(1) if the
22 person has no prior convictions within 7 years. The secretary of
23 state may issue the
person a restricted license during all or a
24 specified portion of the suspension, except that the secretary of
25 state shall not issue a
restricted license during the first 30
26 60 days of suspension.
27 (b) For 90 120
days for a violation of section 625(3) if
1 the person has no prior convictions within 7 years. However, if
2 the person is convicted of a violation of section 625(3), for
3 operating a vehicle when, due to the consumption of a controlled
4 substance or a
combination of intoxicating alcoholic liquor and
5 a controlled substance, the person's ability to operate the
6 vehicle was visibly impaired, the secretary of state shall
7 suspend the person's license under this subdivision for 180
8 days. The secretary of state may issue the person a restricted
9 license during all or
a specified portion of the suspension,
10 except that the secretary of state shall not issue a restricted
11 license during the first 30 days of suspension.
12 (c) For 30 days for a violation of section 625(6) if the
13 person has no prior convictions within 7 years. The secretary of
14 state may issue the person a restricted license during all or a
15 specified portion of the suspension.
16 (d) For 90 days for a violation of section 625(6) if the
17 person has 1 or more prior convictions for that offense within 7
18 years.
19 (e) For 180 days for a violation of section 625(7) if the
20 person has no prior convictions within 7 years. The secretary of
21 state may issue the person a restricted license after the first
22 90 days of suspension.
23 (f) For 90 days for a violation of section 625m if the person
24 has no prior convictions within 7 years. The secretary of state
25 may issue the person a restricted license during all or a
26 specified portion of the suspension.
27 (9) For a violation of section 367c of the Michigan penal
1 code, 1931 PA 328, MCL 750.367c, the secretary of state shall
2 suspend the person's license as follows:
3 (a) If the person has no prior conviction for an offense
4 described in this subsection within 7 years, for 6 months.
5 (b) If the person has 1 or more convictions for an offense
6 described in this subsection within 7 years, for 1 year.
7 (10) For a violation of section 315(4), the secretary of
8 state may suspend the person's license for 6 months.
9 (11) For a violation or attempted violation of
10 section 411a(2) of the Michigan penal code, 1931 PA 328,
11 MCL 750.411a, involving a school, the secretary of state shall
12 suspend the license of a person 14 years of age or over but less
13 than 21 years of age until 3 years after the date of the
14 conviction or juvenile disposition for the violation. The
15 secretary of state may issue the person a restricted license
16 after the first 365 days of suspension.
17 (12) Except as provided in subsection (14), a suspension
18 under this section shall be imposed notwithstanding a court order
19 unless the court order complies with section 323.
20 (13) If the secretary of state receives records of more than
21 1 conviction of a person resulting from the same incident, a
22 suspension shall be imposed only for the violation to which the
23 longest period of suspension applies under this section.
24 (14) The secretary of state may waive a restriction,
25 suspension, or revocation of a person's license imposed under
26 this act if the person submits proof that a court in another
27 state revoked, suspended, or restricted his or her license for a
1 period equal to or greater than the period of a restriction,
2 suspension, or revocation prescribed under this act for the
3 violation and that the revocation, suspension, or restriction was
4 served for the violation, or may grant a restricted license.
5 (15) The secretary of state shall not issue a restricted
6 license to a person whose license is suspended under this section
7 unless a restricted license is authorized under this section and
8 the person is otherwise eligible for a license.
9 (16) The secretary of state shall not issue a restricted
10 license to a person under subsection (8) that would permit the
11 person to operate a commercial motor vehicle that transports
12 hazardous material in amounts requiring a placard under the
13 hazardous materials regulations, 49 C.F.R. parts 100 to 199.
14 (17) A restricted license issued under this section shall
15 permit the person to whom it is issued to drive under 1 or more
16 of the following circumstances:
17 (a) In the course of the person's employment or occupation.
18 (b) To and from any combination of the following:
19 (i) The person's residence.
20 (ii) The person's work location.
21 (iii) An alcohol or drug education or treatment program as
22 ordered by the court.
23 (iv) The court probation department.
24 (v) A court-ordered community service program.
25 (vi) An educational institution at which the person is
26 enrolled as a student.
27 (vii) A place of regularly occurring medical treatment for a
1 serious condition for the person or a member of the person's
2 household or immediate family.
3 (18) While driving with a restricted license, the person
4 shall carry proof of his or her destination and the hours of any
5 employment, class, or other reason for traveling and shall
6 display that proof upon a peace officer's request.
7 (19) Subject to subsection (21), as used in subsection (8),
8 "prior conviction" means a conviction for any of the following,
9 whether under a law of this state, a local ordinance
10 substantially corresponding to a law of this state, or a law of
11 another state substantially corresponding to a law of this
12 state:
13 (a) Except as provided in subsection (20), a violation or
14 attempted violation of section 625(1), (3), (4), (5), (6), or
15 (7), section 625m, former section 625(1) or (2), or former
16 section 625b.
17 (b) Negligent homicide, manslaughter, or murder resulting
18 from the operation of a vehicle or an attempt to commit any of
19 those crimes.
20 (20) Except for purposes of the suspensions described in
21 subsection (8)(c) and (d), only 1 violation or attempted
22 violation of section 625(6), a local ordinance substantially
23 corresponding to section 625(6), or a law of another state
24 substantially corresponding to section 625(6) may be used as a
25 prior conviction.
26 (21) If 2 or more convictions described in subsection (19)
27 are convictions for violations arising out of the same
1 transaction, only 1 conviction shall be used to determine whether
2 the person has a prior conviction.
3 Sec. 624b. (1) A person less than 21 years of age shall not
4 knowingly transport or possess alcoholic liquor in a motor
5 vehicle as an operator or occupant unless the person is employed
6 by a licensee under the Michigan liquor control code of 1998,
7 1998 PA 58, MCL 436.1101 to 436.2303, a common carrier designated
8 by the liquor control commission under the Michigan liquor
9 control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, the
10 liquor control commission, or an agent of the liquor control
11 commission and is transporting or having the alcoholic liquor in
12 a motor vehicle under the person's control during regular working
13 hours and in the course of the person's employment. This section
14 does not prevent a person less than 21 years of age from
15 knowingly transporting alcoholic liquor in a motor vehicle if a
16 person at least 21 years of age is present inside the motor
17 vehicle. A person who violates this subsection is guilty of a
18 misdemeanor. As part of the sentence, the person may be ordered
19 to perform community service and undergo substance abuse
20 screening and assessment at his or her own expense as described
21 in section 703(1) of the Michigan liquor control code of 1998,
22 1998 PA 58, MCL 436.1703.
23 (2) Within 30 days after the conviction for a violation of
24 subsection (1) by the operator of a motor vehicle, which
25 conviction has become final, the arresting law enforcement
26 officer or the officer's superior may make a complaint before the
27 court from which the warrant was issued. The complaint shall be
1 under oath and shall describe the motor vehicle in which
2 alcoholic liquor was possessed or transported by the operator,
3 who is less than 21 years of age, in committing the violation and
4 requesting that the motor vehicle be impounded as provided in
5 this section. Upon the filing of the complaint, the court shall
6 issue to the owner of the motor vehicle an order to show cause
7 why the motor vehicle should not be impounded. The order to show
8 cause shall fix a date and time for a hearing, which shall not be
9 less than 10 days after the issuance of the order. The order
10 shall be served by delivering a true copy to the owner not less
11 than 3 full days before the date of hearing or, if the owner
12 cannot be located, by sending a true copy by certified mail to
13 the last known address of the owner. If the owner is a
14 nonresident of the state, service may be made upon the secretary
15 of state as provided in section 403.
16 (3) If the court determines upon the hearing of the order to
17 show cause, from competent and relevant evidence, that at the
18 time of the commission of the violation the motor vehicle was
19 being driven by the person less than 21 years of age with the
20 express or implied consent or knowledge of the owner in violation
21 of subsection (1), and that the use of the motor vehicle is not
22 needed by the owner in the direct pursuit of the owner's
23 employment or the actual operation of the owner's business, the
24 court may authorize the impounding of the vehicle for a period of
25 not less than 15 days or more than 30 days. The court's order
26 authorizing the impounding of the vehicle shall authorize a law
27 enforcement officer to take possession without other process of
1 the motor vehicle wherever located and to store the vehicle in a
2 public or private garage at the expense and risk of the owner of
3 the vehicle. The owner of the vehicle may appeal the order to
4 the circuit court and the provisions governing the taking of
5 appeals from judgments for damages apply to the appeal. This
6 section does not prevent a bona fide lienholder from exercising
7 rights under a lien.
8 (4) A person who knowingly transfers title to a motor vehicle
9 for the purpose of avoiding this section is guilty of a
10 misdemeanor.
11 (5) A law enforcement agency, upon determining that a person
12 less than 18 years of age allegedly violated this section, shall
13 notify the parent or parents, custodian, or guardian of the
14 person as to the nature of the violation if the name of a parent,
15 guardian, or custodian is reasonably ascertainable by the law
16 enforcement agency. The notice required by this subsection shall
17 be made not later than 48 hours after the law enforcement agency
18 determines that the person who allegedly violated this section is
19 less than 18 years of age and may be made in person, by
20 telephone, or by first-class mail.
21 (6) As used in
this section, "alcoholic liquor" means that
22 term as defined in
section 105 of the Michigan liquor control
23 code of 1998, 1998 PA
58, MCL 436.1105.
24 Sec. 625. (1) A person, whether licensed or not, shall not
25 operate a vehicle upon a highway or other place open to the
26 general public or generally accessible to motor vehicles,
27 including an area designated for the parking of vehicles, within
1 this state if either of the following applies:
2 (a) The person is
under the influence of intoxicating
3 alcoholic liquor, a controlled substance, or a combination of
4 intoxicating alcoholic liquor and a controlled substance.
5 (b) The person has an alcohol content of 0.10 grams or more
6 per 100 milliliters of blood, per 210 liters of breath, or per 67
7 milliliters of urine.
8 (2) The owner of a vehicle or a person in charge or in
9 control of a vehicle shall not authorize or knowingly permit the
10 vehicle to be operated upon a highway or other place open to the
11 general public or generally accessible to motor vehicles,
12 including an area designated for the parking of motor vehicles,
13 within this state by a person who is under the influence of
14 intoxicating alcoholic liquor, a controlled substance, or a
15 combination of intoxicating
alcoholic liquor and a controlled
16 substance, who has an
alcohol content of 0.10 0.08 grams or
17 more per 100 milliliters of blood, per 210 liters of breath, or
18 per 67 milliliters of urine, or whose ability to operate the
19 motor vehicle is visibly impaired due to the consumption of
20 intoxicating alcoholic liquor, a controlled substance, or a
21 combination of intoxicating
alcoholic liquor and a controlled
22 substance.
23 (3) A person, whether licensed or not, shall not operate a
24 vehicle upon a highway or other place open to the general public
25 or generally accessible to motor vehicles, including an area
26 designated for the
parking of vehicles, within this state when,
27 due while intoxicated. Operating while intoxicated
means either
1 of the following:
2 (a) Due to the
consumption of intoxicating alcoholic
3 liquor, a controlled substance, or a combination of
4 intoxicating alcoholic liquor and a controlled substance,
the
5 person's ability to
operate the vehicle is visibly impaired. If
6 a person is charged
with violating subsection (1), a finding of
7 guilty under this
subsection may be rendered.
8 (b) The person has an alcohol content of 0.08 grams or more
9 but less than 0.10 grams per 100 milliliters of blood, per 210
10 liters of breath, or per 67 milliliters of urine.
11 (4) A person, whether licensed or not, who operates a motor
12 vehicle in violation of subsection (1) or (3) and by the
13 operation of that motor vehicle causes the death of another
14 person is guilty of a crime as follows:
15 (a) Except as provided in subdivision (b), the person is
16 guilty of a felony punishable by imprisonment for not more than
17 15 years or a fine of not less than $2,500.00 or more than
18 $10,000.00, or both. The judgment of sentence may impose the
19 sanction permitted under section 625n. If the vehicle is not
20 ordered forfeited under section 625n, the court shall order
21 vehicle immobilization under section 904d in the judgment of
22 sentence.
23 (b) If, at the time of the violation, the person is operating
24 a motor vehicle in a manner proscribed under section 653a and
25 causes the death of a police officer, firefighter, or other
26 emergency response personnel, the person is guilty of a felony
27 punishable by imprisonment for not more than 20 years or a fine
1 of not less than $2,500.00 or more than $10,000.00, or both.
2 This subdivision applies regardless of whether the person is
3 charged with the violation of section 653a. The judgment of
4 sentence may impose the sanction permitted under section 625n.
5 If the vehicle is not ordered forfeited under section 625n, the
6 court shall order vehicle immobilization under section 904d in
7 the judgment of sentence.
8 (5) A person, whether licensed or not, who operates a motor
9 vehicle in violation of subsection (1) or (3) and by the
10 operation of that motor vehicle causes a serious impairment of a
11 body function of another person is guilty of a felony punishable
12 by imprisonment for not more than 5 years or a fine of not less
13 than $1,000.00 or more than $5,000.00, or both. The judgment of
14 sentence may impose the sanction permitted under section 625n.
15 If the vehicle is not ordered forfeited under section 625n, the
16 court shall order vehicle immobilization under section 904d in
17 the judgment of sentence.
As used in this subsection, "serious
18 impairment of a body
function" includes, but is not limited to, 1
19 or more of the
following:
20 (a) Loss of a limb
or use of a limb.
21 (b) Loss of a
hand, foot, finger, or thumb or use of a hand,
22 foot, finger, or
thumb.
23 (c) Loss of an eye
or ear or use of an eye or ear.
24 (d) Loss or
substantial impairment of a bodily function.
25 (e) Serious
visible disfigurement.
26 (f) A comatose
state that lasts for more than 3 days.
27 (g) Measurable
brain damage or mental impairment.
1 (h) A skull
fracture or other serious bone fracture.
2 (i) Subdural
hemorrhage or subdural hematoma.
3 (6) A person who is less than 21 years of age, whether
4 licensed or not, shall not operate a vehicle upon a highway or
5 other place open to the general public or generally accessible to
6 motor vehicles, including an area designated for the parking of
7 vehicles, within this state if the person has any bodily alcohol
8 content. As used in this subsection, "any bodily alcohol
9 content" means either of the following:
10 (a) An alcohol
content of not less than 0.02 grams or more
11 but less than 0.07 0.08
grams per 100 milliliters of blood, per
12 210 liters of breath, or per 67 milliliters of urine.
13 (b) Any presence of alcohol within a person's body resulting
14 from the consumption of intoxicating
alcoholic liquor, other
15 than consumption of intoxicating
alcoholic liquor as a part of
16 a generally recognized religious service or ceremony.
17 (7) A person, whether licensed or not, is subject to the
18 following requirements:
19 (a) He or she shall not operate a vehicle in violation of
20 subsection (1), (3), (4), or (5) while another person who is less
21 than 16 years of age is occupying the vehicle. A person who
22 violates this subdivision is guilty of a crime punishable as
23 follows:
24 (i) Except as provided in subparagraph (ii), a person who
25 violates this subdivision is guilty of a misdemeanor and shall be
26 sentenced to pay a fine
of not less than $200.00 $400.00 or
27 more than $1,000.00 and to 1 or more of the following:
1 (A) Imprisonment for not less than 5 days or more than 1
2 year. Not less than 48 hours of this imprisonment shall be
3 served consecutively. This term of imprisonment shall not be
4 suspended.
5 (B) Community service for not less than 30 days or more than
6 90 days.
7 (ii) If the violation occurs within 7 years of a prior
8 conviction or within 10 years of 2 or more prior convictions, a
9 person who violates this subdivision is guilty of a felony and
10 shall be sentenced to pay
a fine of not less than $500.00
11 $800.00 or more than $5,000.00 and to either of the following:
12 (A) Imprisonment under the jurisdiction of the department of
13 corrections for not less than 1 year or more than 5 years.
14 (B) Probation with imprisonment in the county jail for not
15 less than 30 days or more than 1 year and community service for
16 not less than 60 days or more than 180 days. Not less than 48
17 hours of this imprisonment shall be served consecutively. This
18 term of imprisonment shall not be suspended.
19 (b) He or she shall not operate a vehicle in violation of
20 subsection (6) while another person who is less than 16 years of
21 age is occupying the vehicle. A person who violates this
22 subdivision is guilty of a misdemeanor punishable as follows:
23 (i) Except as provided in subparagraph (ii), a person who
24 violates this subdivision may be sentenced to 1 or more of the
25 following:
26 (A) Community service for not more than 60 days.
27 (B) A fine of not more than $500.00.
1 (C) Imprisonment for not more than 93 days.
2 (ii) If the violation occurs within 7 years of a prior
3 conviction or within 10 years of 2 or more prior convictions, a
4 person who violates this subdivision shall be sentenced to pay a
5 fine of not less than $200.00
$400.00 or more than $1,000.00
6 and to 1 or more of the following:
7 (A) Imprisonment for not less than 5 days or more than 1
8 year. Not less than 48 hours of this imprisonment shall be
9 served consecutively. This term of imprisonment shall not be
10 suspended.
11 (B) Community service for not less than 30 days or more than
12 90 days.
13 (c) In the judgment of sentence under subdivision (a)(i) or
14 (b)(i), the court may, unless the vehicle is ordered forfeited
15 under section 625n, order vehicle immobilization as provided in
16 section 904d. In the judgment of sentence under subdivision
17 (a)(ii) or (b)(ii), the court shall, unless the vehicle is
18 ordered forfeited under section 625n, order vehicle
19 immobilization as provided in section 904d.
20 (d) This subsection does not prohibit a person from being
21 charged with, convicted of, or punished for a violation of
22 subsection (4) or (5) that is committed by the person while
23 violating this subsection. However, points shall not be assessed
24 under section 320a for both a violation of subsection (4) or (5)
25 and a violation of this subsection for conduct arising out of the
26 same transaction.
27 (8) If a person is convicted of violating subsection (1), all
1 of the following apply:
2 (a) Except as otherwise provided in subdivisions (b) and (c),
3 the person is guilty of a misdemeanor punishable by 1 or more of
4 the following:
5 (i) Community service for not more than 45 90
days.
6 (ii) Imprisonment for not more than 93 days.
7 (iii) A fine of not less than $100.00 $200.00
or more than
8 $500.00 $1,000.00.
9 (b) If the violation occurs within 7 years of a prior
10 conviction, the person shall be sentenced to pay a fine of not
11 less than $200.00 $400.00
or more than $1,000.00 $2,000.00
12 and 1 or more of the following:
13 (i) Imprisonment for not less than 5 days or more than 1
14 year. Not less than 48 hours of the term of imprisonment imposed
15 under this subparagraph shall be served consecutively.
16 (ii) Community service for not less than 30 days or more than
17 90 days.
18 (c) If the violation occurs within 10 years of 2 or more
19 prior convictions, the person is guilty of a felony and shall be
20 sentenced to pay a fine
of not less than $500.00 $800.00 or
21 more than $5,000.00 and to either of the following:
22 (i) Imprisonment under the jurisdiction of the department of
23 corrections for not less than 1 year or more than 5 years.
24 (ii) Probation with imprisonment in the county jail for not
25 less than 30 days or more than 1 year and community service for
26 not less than 60 days or more than 180 days. Not less than 48
27 hours of the imprisonment imposed under this subparagraph shall
1 be served consecutively.
2 (d) A term of imprisonment imposed under subdivision (b) or
3 (c) shall not be suspended.
4 (e) In the judgment of sentence under subdivision (a), the
5 court may order vehicle immobilization as provided in
6 section 904d. In the judgment of sentence under subdivision (b)
7 or (c), the court shall, unless the vehicle is ordered forfeited
8 under section 625n, order vehicle immobilization as provided in
9 section 904d.
10 (f) In the judgment of sentence under subdivision (b) or (c),
11 the court may impose the sanction permitted under section 625n.
12 (9) A person who is convicted of violating subsection (2) is
13 guilty of a crime as follows:
14 (a) Except as provided in subdivisions (b) and (c), a
15 misdemeanor punishable by imprisonment for not more than 93 days
16 or a fine of not less than $100.00 or more than $500.00, or
17 both.
18 (b) If the person operating the motor vehicle violated
19 subsection (4), a felony punishable by imprisonment for not more
20 than 5 years or a fine of not less than $1,500.00 or more than
21 $10,000.00, or both.
22 (c) If the person operating the motor vehicle violated
23 subsection (5), a felony punishable by imprisonment for not more
24 than 2 years or a fine of not less than $1,000.00 or more than
25 $5,000.00, or both.
26 (10) If a person is convicted of violating subsection (3),
27 all of the following apply:
1 (a) Except as otherwise provided in subdivisions (b) and (c),
2 the person is guilty of a misdemeanor punishable by 1 or more of
3 the following:
4 (i) Community service for not more than 45 days.
5 (ii) Imprisonment for not more than 93 days.
6 (iii) A fine of not more than $300.00 less
than $100.00 or
7 more than $500.00.
8 (b) If the violation occurs within 7 years of 1 prior
9 conviction, the person shall be sentenced to pay a fine of not
10 less than $200.00 $400.00
or more than $1,000.00 $2,000.00,
11 and 1 or more of the following:
12 (i) Imprisonment for not less than 5 days or more than 1
13 year. Not less than 48 hours of the term of imprisonment imposed
14 under this subparagraph shall be served consecutively.
15 (ii) Community service for not less than 30 days or more than
16 90 days.
17 (c) If the violation occurs within 10 years of 2 or more
18 prior convictions, the person is guilty of a felony and shall be
19 sentenced to pay a fine
of not less than $500.00 $800.00 or
20 more than $5,000.00 and either of the following:
21 (i) Imprisonment under the jurisdiction of the department of
22 corrections for not less than 1 year or more than 5 years.
23 (ii) Probation with imprisonment in the county jail for not
24 less than 30 days or more than 1 year and community service for
25 not less than 60 days or more than 180 days. Not less than 48
26 hours of the imprisonment imposed under this subparagraph shall
27 be served consecutively.
1 (d) A term of imprisonment imposed under subdivision (b) or
2 (c) shall not be suspended.
3 (e) In the judgment of sentence under subdivision (a), the
4 court may order vehicle immobilization as provided in
5 section 904d. In the judgment of sentence under subdivision (b)
6 or (c), the court shall, unless the vehicle is ordered forfeited
7 under section 625n, order vehicle immobilization as provided in
8 section 904d.
9 (f) In the judgment of sentence under subdivision (b) or (c),
10 the court may impose the sanction permitted under section 625n.
11 (11) If a person is convicted of violating subsection (6),
12 all of the following apply:
13 (a) Except as otherwise provided in subdivision (b), the
14 person is guilty of a misdemeanor punishable by 1 or both of the
15 following:
16 (i) Community service for not more than 45 days.
17 (ii) A fine of not more than $250.00.
18 (b) If the violation occurs within 7 years of 1 or more prior
19 convictions, the person may be sentenced to 1 or more of the
20 following:
21 (i) Community service for not more than 60 days.
22 (ii) A fine of not more than $500.00.
23 (iii) Imprisonment for not more than 93 days.
24 (12) In addition to imposing the sanctions prescribed under
25 this section, the court may order the person to pay the costs of
26 the prosecution under the code of criminal procedure, 1927
27 PA 175, MCL 760.1 to 776.22
777.69.
1 (13) A person sentenced to perform community service under
2 this section shall not receive compensation and shall reimburse
3 the state or appropriate local unit of government for the cost of
4 supervision incurred by the state or local unit of government as
5 a result of the person's activities in that service.
6 (14) If the prosecuting attorney intends to seek an enhanced
7 sentence under this section or a sanction under section 625n
8 based upon the defendant having 1 or more prior convictions, the
9 prosecuting attorney shall include on the complaint and
10 information, or an amended complaint and information, filed in
11 district court, circuit court, municipal court, or family
12 division of circuit court, a statement listing the defendant's
13 prior convictions.
14 (15) If a person is charged with a violation of subsection
15 (1), (3), (4), (5), or (7) or section 625m, the court shall not
16 permit the defendant to enter a plea of guilty or nolo contendere
17 to a charge of violating subsection (6) in exchange for dismissal
18 of the original charge. This subsection does not prohibit the
19 court from dismissing the charge upon the prosecuting attorney's
20 motion.
21 (16) A prior conviction shall be established at sentencing by
22 1 or more of the following:
23 (a) An abstract of conviction.
24 (b) A copy of the defendant's driving record.
25 (c) An admission by the defendant.
26 (17) Except as otherwise provided in subsection (19), if a
27 person is charged with operating a vehicle while under the
1 influence of a controlled substance or a combination of
2 intoxicating alcoholic liquor and a controlled substance in
3 violation of subsection (1) or a local ordinance substantially
4 corresponding to subsection (1), the court shall require the jury
5 to return a special verdict in the form of a written finding or,
6 if the court convicts the person without a jury or accepts a plea
7 of guilty or nolo contendere, the court shall make a finding as
8 to whether the person was under the influence of a controlled
9 substance or a
combination of intoxicating alcoholic liquor and
10 a controlled substance at the time of the violation.
11 (18) Except as otherwise provided in subsection (19), if a
12 person is charged with operating a vehicle while his or her
13 ability to operate the vehicle was visibly impaired due to his or
14 her consumption of a controlled substance or a combination of
15 intoxicating alcoholic liquor and a controlled substance in
16 violation of subsection (3) or a local ordinance substantially
17 corresponding to subsection (3), the court shall require the jury
18 to return a special verdict in the form of a written finding or,
19 if the court convicts the person without a jury or accepts a plea
20 of guilty or nolo contendere, the court shall make a finding as
21 to whether, due to the consumption of a controlled substance or a
22 combination of intoxicating
alcoholic liquor and a controlled
23 substance, the person's ability to operate a motor vehicle was
24 visibly impaired at the time of the violation.
25 (19) A special verdict described in subsections (17) and (18)
26 is not required if a jury is instructed to make a finding solely
27 as to either of the following:
1 (a) Whether the defendant was under the influence of a
2 controlled substance or a
combination of intoxicating alcoholic
3 liquor and a controlled substance at the time of the violation.
4 (b) Whether the defendant was visibly impaired due to his or
5 her consumption of a controlled substance or a combination of
6 intoxicating alcoholic liquor and a controlled substance at
the
7 time of the violation.
8 (20) If a jury or court finds under subsection (17), (18), or
9 (19) that the defendant operated a motor vehicle under the
10 influence of or while impaired due to the consumption of a
11 controlled substance or a combination of a controlled substance
12 and an intoxicating alcoholic
liquor, the court shall do both
13 of the following:
14 (a) Report the finding to the secretary of state.
15 (b) On a form or forms prescribed by the state court
16 administrator, forward to the department of state police a record
17 that specifies the penalties imposed by the court, including any
18 term of imprisonment, and any sanction imposed under section 625n
19 or 904d.
20 (21) Except as otherwise provided by law, a record described
21 in subsection (20)(b) is a public record and the department of
22 state police shall retain the information contained on that
23 record for not less than 7 years.
24 (22) In a prosecution for a violation of subsection (6), the
25 defendant bears the burden of proving that the consumption of
26 intoxicating alcoholic liquor was a part of a generally
27 recognized religious service or ceremony by a preponderance of
1 the evidence.
2 (23) Subject to subsection (25), as used in this section,
3 "prior conviction" means a conviction for any of the following,
4 whether under a law of this state, a local ordinance
5 substantially corresponding to a law of this state, or a law of
6 another state substantially corresponding to a law of this
7 state:
8 (a) Except as provided in subsection (24), a violation or
9 attempted violation of subsection (1), (3), (4), (5), (6), or
10 (7), section 625m, former section 625(1) or (2), or former
11 section 625b.
12 (b) Negligent homicide, manslaughter, or murder resulting
13 from the operation of a vehicle or an attempt to commit any of
14 those crimes.
15 (c) A violation
of section 653a(4).
16 (24) Except for purposes of the enhancement described in
17 subsection (11)(b), only 1 violation or attempted violation of
18 subsection (6), a local ordinance substantially corresponding to
19 subsection (6), or a law of another state substantially
20 corresponding to subsection (6) may be used as a prior
21 conviction.
22 (25) If 2 or more convictions described in subsection (23)
23 are convictions for violations arising out of the same
24 transaction, only 1 conviction shall be used to determine whether
25 the person has a prior conviction.
26 Sec. 625a. (1) A peace officer may arrest a person without
27 a warrant under either of the following circumstances:
1 (a) The peace officer has reasonable cause to believe the
2 person was, at the time of an accident in this state, the
3 operator of a vehicle involved in the accident and was operating
4 the vehicle in violation of section 625 or a local ordinance
5 substantially corresponding to section 625.
6 (b) The person is found in the driver's seat of a vehicle
7 parked or stopped on a highway or street within this state if any
8 part of the vehicle intrudes into the roadway and the peace
9 officer has reasonable cause to believe the person was operating
10 the vehicle in violation of section 625 or a local ordinance
11 substantially corresponding to section 625.
12 (2) A peace officer who has reasonable cause to believe that
13 a person was operating a vehicle upon a public highway or other
14 place open to the public or generally accessible to motor
15 vehicles, including an area designated for the parking of
16 vehicles, within this state and that the person by the
17 consumption of intoxicating
alcoholic liquor may have affected
18 his or her ability to operate a vehicle, or reasonable cause to
19 believe that a person was operating a commercial motor vehicle
20 within the state while the person's blood, breath, or urine
21 contained any measurable amount of alcohol or while the person
22 had any detectable
presence of intoxicating alcoholic liquor,
23 or reasonable cause to believe that a person who is less than 21
24 years of age was operating a vehicle upon a public highway or
25 other place open to the public or generally accessible to motor
26 vehicles, including an area designated for the parking of
27 vehicles, within this state while the person had any bodily
1 alcohol content as that term is defined in section 625(6), may
2 require the person to submit to a preliminary chemical breath
3 analysis. The following provisions apply with respect to a
4 preliminary chemical breath analysis administered under this
5 subsection:
6 (a) A peace officer may arrest a person based in whole or in
7 part upon the results of a preliminary chemical breath analysis.
8 (b) The results of a preliminary chemical breath analysis are
9 admissible in a criminal prosecution for a crime enumerated in
10 section 625c(1) or in an administrative hearing for 1 or more of
11 the following purposes:
12 (i) To assist the court or hearing officer in determining a
13 challenge to the validity of an arrest. This subparagraph does
14 not limit the introduction of other competent evidence offered to
15 establish the validity of an arrest.
16 (ii) As evidence of the defendant's breath alcohol content,
17 if offered by the defendant to rebut testimony elicited on
18 cross-examination of a defense witness that the defendant's
19 breath alcohol content was higher at the time of the charged
20 offense than when a chemical test was administered under
21 subsection (6).
22 (iii) As evidence of the defendant's breath alcohol content,
23 if offered by the prosecution to rebut testimony elicited on
24 cross-examination of a prosecution witness that the defendant's
25 breath alcohol content was lower at the time of the charged
26 offense than when a chemical test was administered under
27 subsection (6).
1 (c) A person who submits to a preliminary chemical breath
2 analysis remains subject to the requirements of sections 625c,
3 625d, 625e, and 625f for purposes of chemical tests described in
4 those sections.
5 (d) Except as provided in subsection (5), a person who
6 refuses to submit to a preliminary chemical breath analysis upon
7 a lawful request by a peace officer is responsible for a civil
8 infraction.
9 (3) A peace officer shall use the results of a preliminary
10 chemical breath analysis conducted pursuant to this section to
11 determine whether to order a person out-of-service under
12 section 319d. A peace officer shall order out-of-service as
13 required under section 319d a person who was operating a
14 commercial motor vehicle and who refuses to submit to a
15 preliminary chemical breath analysis as provided in this
16 section. This section does not limit use of other competent
17 evidence by the peace officer to determine whether to order a
18 person out-of-service under section 319d.
19 (4) A person who was operating a commercial motor vehicle and
20 who is requested to submit to a preliminary chemical breath
21 analysis under this section shall be advised that refusing a
22 peace officer's request to take a test described in this section
23 is a misdemeanor punishable by imprisonment for not more than 93
24 days or a fine of not more than $100.00, or both, and will result
25 in the issuance of a 24-hour out-of-service order.
26 (5) A person who was operating a commercial motor vehicle and
27 who refuses to submit to a preliminary chemical breath analysis
1 upon a peace officer's lawful request is guilty of a misdemeanor
2 punishable by imprisonment for not more than 93 days or a fine of
3 not more than $100.00, or both.
4 (6) The following provisions apply with respect to chemical
5 tests and analysis of a person's blood, urine, or breath, other
6 than preliminary chemical breath analysis:
7 (a) The amount of alcohol or presence of a controlled
8 substance or both in a driver's blood or urine or the amount of
9 alcohol in a person's breath at the time alleged as shown by
10 chemical analysis of the person's blood, urine, or breath is
11 admissible into evidence in any civil or criminal proceeding.
12 (b) A person arrested for a crime described in
13 section 625c(1) shall be advised of all of the following:
14 (i) If he or she takes a chemical test of his or her blood,
15 urine, or breath administered at the request of a peace officer,
16 he or she has the right to demand that a person of his or her own
17 choosing administer 1 of the chemical tests.
18 (ii) The results of the test are admissible in a judicial
19 proceeding as provided under this act and will be considered with
20 other admissible evidence in determining the defendant's
21 innocence or guilt.
22 (iii) He or she is responsible for obtaining a chemical
23 analysis of a test sample obtained pursuant to his or her own
24 request.
25 (iv) If he or she refuses the request of a peace officer to
26 take a test described in subparagraph (i), a test shall not be
27 given without a court order, but the peace officer may seek to
1 obtain a court order.
2 (v) Refusing a peace officer's request to take a test
3 described in subparagraph (i) will result in the suspension of
4 his or her operator's or chauffeur's license and vehicle group
5 designation or operating privilege and in the addition of 6
6 points to his or her driver record.
7 (c) A sample or specimen of urine or breath shall be taken
8 and collected in a reasonable manner. Only a licensed physician,
9 or an individual operating under the delegation of a licensed
10 physician under section 16215 of the public health code, 1978
11 PA 368, MCL 333.16215, qualified to withdraw blood and acting in
12 a medical environment, may withdraw blood at a peace officer's
13 request to determine the amount of alcohol or presence of a
14 controlled substance or both in the person's blood, as provided
15 in this subsection. Liability for a crime or civil damages
16 predicated on the act of withdrawing or analyzing blood and
17 related procedures does not attach to a licensed physician or
18 individual operating under the delegation of a licensed physician
19 who withdraws or analyzes blood or assists in the withdrawal or
20 analysis in accordance with this act unless the withdrawal or
21 analysis is performed in a negligent manner.
22 (d) A chemical test described in this subsection shall be
23 administered at the request of a peace officer having reasonable
24 grounds to believe the person has committed a crime described in
25 section 625c(1). A person who takes a chemical test administered
26 at a peace officer's request as provided in this section shall be
27 given a reasonable opportunity to have a person of his or her own
1 choosing administer 1 of the chemical tests described in this
2 subsection within a reasonable time after his or her detention.
3 The test results are admissible and shall be considered with
4 other admissible evidence in determining the defendant's
5 innocence or guilt. If the person charged is administered a
6 chemical test by a person of his or her own choosing, the person
7 charged is responsible for obtaining a chemical analysis of the
8 test sample.
9 (e) If, after an accident, the driver of a vehicle involved
10 in the accident is transported to a medical facility and a sample
11 of the driver's blood is withdrawn at that time for medical
12 treatment, the results of a chemical analysis of that sample are
13 admissible in any civil or criminal proceeding to show the amount
14 of alcohol or presence of a controlled substance or both in the
15 person's blood at the time alleged, regardless of whether the
16 person had been offered or had refused a chemical test. The
17 medical facility or person performing the chemical analysis shall
18 disclose the results of the analysis to a prosecuting attorney
19 who requests the results for use in a criminal prosecution as
20 provided in this subdivision. A medical facility or person
21 disclosing information in compliance with this subsection is not
22 civilly or criminally liable for making the disclosure.
23 (f) If, after an accident, the driver of a vehicle involved
24 in the accident is deceased, a sample of the decedent's blood
25 shall be withdrawn in a manner directed by the medical examiner
26 to determine the amount of alcohol or the presence of a
27 controlled substance, or both, in the decedent's blood. The
1 medical examiner shall give the results of the chemical analysis
2 of the sample to the law enforcement agency investigating the
3 accident and that agency shall forward the results to the
4 department of state police.
5 (g) The department of state police shall promulgate uniform
6 rules in compliance with the administrative procedures act of
7 1969, 1969 PA 306, MCL 24.201 to 24.328, for the administration
8 of chemical tests for the purposes of this section. An
9 instrument used for a preliminary chemical breath analysis may be
10 used for a chemical test described in this subsection if approved
11 under rules promulgated by the department of state police.
12 (7) The provisions of subsection (6) relating to chemical
13 testing do not limit the introduction of any other admissible
14 evidence bearing upon the question of whether a person was
15 impaired by, or under the
influence of, intoxicating alcoholic
16 liquor or a controlled substance, or a combination of
17 intoxicating alcoholic liquor and a controlled substance,
or
18 whether the person had an
alcohol content of 0.10 0.08 grams or
19 more per 100 milliliters of blood, per 210 liters of breath, or
20 per 67 milliliters of urine, or if the person is less than 21
21 years of age, whether the person had any bodily alcohol content
22 within his or her body. As used in this section, "any bodily
23 alcohol content" means either of the following:
24 (a) An alcohol
content of not less than 0.02 grams or more
25 but less than 0.07 0.08
grams per 100 milliliters of blood, per
26 210 liters of breath, or per 67 milliliters of urine.
27 (b) Any presence of alcohol within a person's body resulting
1 from the consumption of intoxicating
alcoholic liquor, other
2 than consumption of intoxicating
alcoholic liquor as a part of
3 a generally recognized religious service or ceremony.
4 (8) If a chemical test described in subsection (6) is
5 administered, the test results shall be made available to the
6 person charged or the person's attorney upon written request to
7 the prosecution, with a copy of the request filed with the
8 court. The prosecution shall furnish the results at least 2 days
9 before the day of the trial. The prosecution shall offer the
10 test results as evidence in that trial. Failure to fully comply
11 with the request bars the admission of the results into evidence
12 by the prosecution.
13 (9) Except in a prosecution relating solely to a violation of
14 section 625(1)(b), (3)(b), or (6), the amount of alcohol in the
15 driver's blood, breath, or urine at the time alleged as shown by
16 chemical analysis of the person's blood, breath, or urine gives
17 rise to the following presumptions:
18 (a) If there were at
the time 0.07 grams or less than 0.08
19 grams of alcohol per 100 milliliters of the defendant's blood,
20 per 210 liters of the defendant's breath, or per 67 milliliters
21 of the defendant's urine, it is presumed that the defendant's
22 ability to operate a motor vehicle was not impaired due to the
23 consumption of intoxicating
alcoholic liquor and that the
24 defendant was not under
the influence of intoxicating alcoholic
25 liquor.
26 (b) If there were at
the time more than 0.07 grams 0.08
27 grams or more but less than 0.10 grams of alcohol per 100
1 milliliters of the defendant's blood, per 210 liters of the
2 defendant's breath, or per 67 milliliters of the defendant's
3 urine, it is presumed that the defendant's ability to operate a
4 vehicle was impaired within the provisions of section 625(3) due
5 to the consumption of intoxicating
alcoholic liquor.
6 (c) If there were at the time 0.10 grams or more of alcohol
7 per 100 milliliters of the defendant's blood, per 210 liters of
8 the breath, or per 67 milliliters of the defendant's urine, it is
9 presumed that the defendant was under the influence of
10 intoxicating alcoholic liquor.
11 (10) A person's refusal to submit to a chemical test as
12 provided in subsection (6) is admissible in a criminal
13 prosecution for a crime described in section 625c(1) only to show
14 that a test was offered to the defendant, but not as evidence in
15 determining the defendant's innocence or guilt. The jury shall
16 be instructed accordingly.
17 Sec. 625c. (1) A person who operates a vehicle upon a
18 public highway or other place open to the general public or
19 generally accessible to motor vehicles, including an area
20 designated for the parking of vehicles, within this state is
21 considered to have given consent to chemical tests of his or her
22 blood, breath, or urine for the purpose of determining the amount
23 of alcohol or presence of a controlled substance or both in his
24 or her blood or urine or the amount of alcohol in his or her
25 breath in all of the following circumstances:
26 (a) If the person is arrested for a violation of section
27 625(1), (3), (4), (5), (6), or (7), section 625a(5), or section
1 625m or a local ordinance substantially corresponding to section
2 625(1), (3), or (6), section 625a(5), or section 625m.
3 (b) If the person is arrested for felonious driving,
4 negligent homicide, manslaughter, or murder resulting from the
5 operation of a motor vehicle, and the peace officer had
6 reasonable grounds to believe the person was operating the
7 vehicle while impaired by or under the influence of
8 intoxicating alcoholic liquor or a controlled substance or
a
9 combination of intoxicating
alcoholic liquor and a controlled
10 substance, or while
having an alcohol content of 0.10 0.08
11 grams or more per 100 milliliters of blood, per 210 liters of
12 breath, or per 67 milliliters of urine, or if the person is less
13 than 21 years of age while having any bodily alcohol content. As
14 used in this subdivision, "any bodily alcohol content" means
15 either of the following:
16 (i) An alcohol content of not less than 0.02
grams or more
17 but less than 0.07 0.08
grams per 100 milliliters of blood, per
18 210 liters of breath, or per 67 milliliters of urine.
19 (ii) Any presence of alcohol within a person's body resulting
20 from the consumption of intoxicating
alcoholic liquor, other
21 than consumption of intoxicating
alcoholic liquor as part of a
22 generally recognized religious service or ceremony.
23 (2) A person who is afflicted with hemophilia, diabetes, or a
24 condition requiring the use of an anticoagulant under the
25 direction of a physician is not considered to have given consent
26 to the withdrawal of blood.
27 (3) The tests shall be administered as provided in section
1 625a(6).
2 Sec. 625g. (1) If a person refuses a chemical test offered
3 pursuant to section 625a(6), or submits to the chemical test or
4 a chemical test is performed pursuant to a court order and the
5 test reveals an unlawful alcohol content, the peace officer who
6 requested the person to submit to the test shall do all of the
7 following:
8 (a) On behalf of the secretary of state, immediately
9 confiscate the person's license or permit to operate a motor
10 vehicle and, if the person is otherwise eligible for a license or
11 permit, issue a temporary license or permit to the person. The
12 temporary license or permit shall be on a form provided by the
13 secretary of state.
14 (b) Except as provided in subsection (2), immediately do all
15 of the following:
16 (i) Forward a copy of the written report of the person's
17 refusal to submit to a chemical test required under section 625d
18 to the secretary of state.
19 (ii) Notify the secretary of state by means of the law
20 enforcement information network that a temporary license or
21 permit was issued to the person.
22 (iii) Destroy the person's driver's license or permit.
23 (2) If a person submits to a chemical test offered pursuant
24 to section 625a(6) that requires an analysis of blood or urine
25 and a report of the results of that chemical test is not
26 immediately available, the peace officer who requested the person
27 to submit to the test shall comply with subsection (1)(a) pending
1 receipt of the test report. If the report reveals an unlawful
2 alcohol content, the peace officer who requested the person to
3 submit to the test shall immediately comply with
4 subsection (1)(b). If the report does not reveal an unlawful
5 alcohol content, the peace officer who requested the person to
6 submit to the test shall immediately notify the person of the
7 test results and immediately return the person's license or
8 permit by first-class mail to the address given at the time of
9 arrest.
10 (3) A temporary license or permit issued under this section
11 is valid for 1 of the following time periods:
12 (a) If the case is not prosecuted, for 90 days after issuance
13 or until the person's license or permit is suspended pursuant to
14 section 625f, whichever occurs earlier. The prosecuting attorney
15 shall notify the secretary of state if a case referred to the
16 prosecuting attorney is not prosecuted. The arresting law
17 enforcement agency shall notify the secretary of state if a case
18 is not referred to the prosecuting attorney for prosecution.
19 (b) If the case is prosecuted, until the criminal charges
20 against the person are dismissed, the person is acquitted of
21 those charges, or the person's license or permit is suspended,
22 restricted, or revoked.
23 (4) As used in this section, "unlawful alcohol content" means
24 any of the following, as applicable:
25 (a) If the person tested is less than 21 years of age, 0.02
26 grams or more of alcohol per 100 milliliters of blood, per 210
27 liters of breath, or per 67 milliliters of urine.
1 (b) If the person tested was operating a commercial motor
2 vehicle within this state, 0.04 grams or more of alcohol per 100
3 milliliters of blood, per 210 liters of breath, or per 67
4 milliliters of urine.
5 (c) If the person tested is not a person described in
6 subdivision (a) or (b), 0.10
0.08 grams or more of alcohol per
7 100 milliliters of blood, per 210 liters of breath, or per 67
8 milliliters of urine.
9 Sec. 625i. (1) The department of state police shall prepare
10 an annual report which
that shall be designated the Michigan
11 annual drunk driving audit. The secretary of state, circuit
12 court, district court, family division of circuit court,
13 municipal courts, and local units of government in this state
14 shall cooperate with the department of state police to provide
15 information necessary for the preparation of the report. A copy
16 of the report prepared under this subsection shall be submitted
17 to the governor, the secretary of the senate, the clerk of the
18 house of representatives, and the secretary of state on July 1 of
19 each year. The report shall contain for each county in the state
20 all of the following information applicable to the immediately
21 preceding calendar year:
22 (a) The number of alcohol related motor vehicle crashes
23 resulting in bodily injury, including a breakdown of the number
24 of those injuries occurring per capita of population and per road
25 mile in the county.
26 (b) The number of alcohol related motor vehicle crashes
27 resulting in death, including the breakdown described in
1 subdivision (a).
2 (c) The number of alcohol related motor vehicle crashes,
3 other than those enumerated in subdivisions (a) and (b),
4 including the breakdown described in subdivision (a).
5 (d) The number of arrests made for violations of section
6 625(1)(a) or (b) 625(1) or local ordinances substantially
7 corresponding to section 625(1)(a)
or (b) 625(1).
8 (e) The number of arrests made for violations of section
9 625(3) or local ordinances substantially corresponding to section
10 625(3).
11 (f) The number of arrests made for violations of
12 section 625(6) or local ordinances substantially corresponding to
13 section 625(6).
14 (g) The number of arrests made for violations of
15 section 625(4) or (5).
16 (h) The number of arrests made for violations of section
17 625(7).
18 (i) The number of operator's or chauffeur's licenses
19 suspended pursuant to section 625f.
20 (j) The number of arrests made for violations of section 625m
21 or local ordinances substantially corresponding to section 625m.
22 (2) The secretary of state shall compile a report of
23 dispositions of charges for violations of section 625(1), (3),
24 (4), (5), (6), or (7) or section 625m or section 33b(1) or (2) of
25 former 1933 (Ex Sess) PA 8, section 703(1) or (2) of the Michigan
26 liquor control code of 1998, 1998 PA 58, MCL 436.1703, or local
27 ordinances substantially corresponding to section 625(1), (3), or
1 (6) or section 625m or section 33b(1) or (2) of former 1933 (Ex
2 Sess) PA 8, or section 703(1) or (2) of the Michigan liquor
3 control code of 1998, 1998 PA 58, MCL 436.1703, by each judge for
4 inclusion in the annual report. The report compiled by the
5 secretary of state shall include information regarding all of the
6 following:
7 (a) The number of dismissals granted.
8 (b) The number of convictions entered.
9 (c) The number of acquittals entered.
10 (d) The average length of imprisonment imposed.
11 (e) The average length of community service imposed in lieu
12 of imprisonment.
13 (f) The average fine imposed.
14 (g) The number of vehicles ordered immobilized under section
15 904d.
16 (h) The number of vehicles ordered forfeited under section
17 625n.
18 (3) The secretary of state shall include in the compilation
19 under subsection (2) the number of licenses suspended, revoked,
20 or restricted for those violations.
21 (4) The department of state police shall enter into a
22 contract with the university of Michigan transportation research
23 institute, in under
which the university of Michigan
24 transportation research institute shall evaluate the effect and
25 impact of the 1998 legislation addressing drunk and impaired
26 driving in this state and report its findings to the governor and
27 the legislature not later
than October 1, 2002 2004.
1 Sec. 625m. (1) A person, whether licensed or not, who has
2 an alcohol content of
0.04 grams or more but not more less than
3 0.07 0.08 grams per 100 milliliters of blood, per
210 liters of
4 breath, or per 67 milliliters of urine shall not operate a
5 commercial motor vehicle within this state.
6 (2) A peace officer may arrest a person without a warrant
7 under either of the following circumstances:
8 (a) The peace officer has reasonable cause to believe that
9 the person was, at the time of an accident, the driver of a
10 commercial motor vehicle involved in the accident and was
11 operating the vehicle in violation of this section or a local
12 ordinance substantially corresponding to this section.
13 (b) The person is found in the driver's seat of a commercial
14 motor vehicle parked or stopped on a highway or street within
15 this state if any part of the vehicle intrudes into the roadway
16 and the peace officer has reasonable cause to believe the person
17 was operating the vehicle in violation of this section or a local
18 ordinance substantially corresponding to this section.
19 (3) Except as otherwise provided in subsections (4) and (5),
20 a person who is convicted of a violation of this section or a
21 local ordinance substantially corresponding to this section is
22 guilty of a misdemeanor punishable by imprisonment for not more
23 than 93 days or a fine of not more than $300.00, or both,
24 together with costs of the prosecution.
25 (4) A person who violates this section or a local ordinance
26 substantially corresponding to this section within 7 years of 1
27 prior conviction may be sentenced to imprisonment for not more
1 than 1 year or a fine of not more than $1,000.00, or both.
2 (5) A person who violates this section or a local ordinance
3 substantially corresponding to this section within 10 years of 2
4 or more prior convictions is guilty of a felony and shall be
5 sentenced to pay a fine of not less than $500.00 or more than
6 $5,000.00 and to either of the following:
7 (a) Imprisonment under the jurisdiction of the department of
8 corrections for not less than 1 year or more than 5 years.
9 (b) Probation with imprisonment in the county jail for not
10 less than 30 days or more than 1 year and community service for
11 not less than 60 days or more than 180 days. Not less than 48
12 hours of the imprisonment imposed under this subdivision shall be
13 served consecutively.
14 (6) A term of imprisonment imposed under subsection (4) or
15 (5) shall not be suspended.
16 (7) Subject to subsection (9), as used in this section,
17 "prior conviction" means a conviction for any of the following,
18 whether under a law of this state, a local ordinance
19 substantially corresponding to a law of this state, or a law of
20 another state substantially corresponding to a law of this
21 state:
22 (a) Except as provided in subsection (8), a violation or
23 attempted violation of this section, section 625(1), (3), (4),
24 (5), (6), or (7), former section 625(1) or (2), or former section
25 625b.
26 (b) Negligent homicide, manslaughter, or murder resulting
27 from the operation of a vehicle or an attempt to commit any of
1 those crimes.
2 (c) A violation
of section 653a(4).
3 (8) Only 1 violation or attempted violation of
4 section 625(6), a local ordinance substantially corresponding to
5 section 625(6), or a law of another state substantially
6 corresponding to section 625(6) may be used as a prior
7 conviction.
8 (9) If 2 or more convictions described in subsection (7) are
9 convictions for violations arising out of the same transaction,
10 only 1 conviction shall be used to determine whether the person
11 has a prior conviction.
12 Enacting section 1. This amendatory act takes effect
13 September 30, 2003.