SENATE BILL NO. 853 January 27, 1998, Introduced by Senator VAN REGENMORTER and SHUGARS and referred to the Committee on Judiciary. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 303, 310d, 319, 625, 625a, 625b, and 625c (MCL 257.303, 257.310d, 257.319, 257.625, 257.625a, 57.625b, and 257.625c), sections 303 and 319 as amended by 1996 PA 587, sec- tion 310d as amended by 1991 PA 99, sections 625 and 625a as amended by 1996 PA 491, and sections 625b and 625c as amended by 1994 PA 450, and by adding section 5b. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 SEC. 5B. "CHEMICAL AGENT" MEANS THAT TERM AS DEFINED IN 2 SECTION 1 OF 1967 PA 119, MCL 752.271. 3 Sec. 303. (1) The secretary of state shall not issue a 4 license under this act to any of the following: 5 (a) A person, as an operator, who is less than 18 years of 6 age, except as otherwise provided in this act. 01560'97 JOJ 2 1 (b) A person, as a chauffeur, who is less than 18 years of 2 age, except as otherwise provided in this act. 3 (c) A person whose license has been suspended during the 4 period for which the license was suspended. 5 (d) A person who has been convicted of or received a probate 6 court disposition for a violation of section 625(4) or (5). 7 (e) A person who has been convicted of or received a probate 8 court disposition for negligent homicide, manslaughter, or murder 9 resulting from the operation of a motor vehicle. 10 (f) A person who is an habitual violator of the criminal 11 laws relating to operating a vehicle while impaired by or under 12 the influence of intoxicating liquor, a controlled substance, A 13 CHEMICAL AGENT, oraANY combination of intoxicating liquor, 14anda controlled substance, OR A CHEMICAL AGENT or with an 15 alcohol content of 0.10 grams or more per 100 milliliters of 16 blood, per 210 liters of breath, or per 67 milliliters of urine. 17 Convictions of any of the following, whether under a law of this 18 state, a local ordinance substantially corresponding to a law of 19 this state, or a law of another state substantially corresponding 20 to a law of this state, are prima facie evidence that the person 21 is an habitual violator as described in this subdivision: 22 (i) Any combination of 2 convictions within 7 years for any 23 of the following: 24 (A) A violation of section 625(1), (4), or (5). 25 (B) A violation of former section 625(1) or (2). 01560'97 3 1 (ii) Any combination of 3 convictions within 10 years for 2 any of the following if any of the convictions resulted from an 3 arrest on or after January 1, 1992: 4 (A) A violation of section 625(1), (3), (4), or (5). 5 (B) A violation of former section 625(1) or (2) or former 6 section 625b. 7 (g) A person who in the opinion of the secretary of state is 8 afflicted with or suffering from a physical or mental disability 9 or disease preventing that person from exercising reasonable and 10 ordinary control over a motor vehicle while operating the motor 11 vehicle upon the highways. 12 (h) A person who is unable to understand highway warning or 13 direction signs in the English language. 14 (i) A person who is an habitually reckless driver. Two con- 15 victions within 7 years of reckless driving under this act or any 16 other law of this state relating to reckless driving or under a 17 local ordinance of this state or a law of another state that 18 defines the term "reckless driving" substantially similarly to 19 the law of this state are prima facie evidence that the person is 20 an habitually reckless driver. 21 (j) A person who is an habitual criminal. Two convictions 22 of a felony in which a motor vehicle was used in this or another 23 state are prima facie evidence that the person is an habitual 24 criminal. 25 (k) A person who is unable to pass a knowledge, skill, or 26 ability test administered by the secretary of state in connection 27 with the issuance of an original operator's or chauffeur's 01560'97 4 1 license, original motorcycle indorsement, or an original or 2 renewal of a vehicle group designation or vehicle indorsement. 3 (l) A person who has been convicted of, has received a pro- 4 bate court disposition for, or has been determined responsible 5 for 2 or more moving violations under a law of this state, a 6 local ordinance substantially corresponding to a law of this 7 state, or a law of another state substantially corresponding to a 8 law of this state within the preceding 3 years, if the violations 9 occurred before issuance of an original license to the person in 10 this or another state. 11 (m) A nonresident including a foreign exchange student. 12 (n) A person not licensed under this act who has been con- 13 victed of, has received a probate court disposition for, or has 14 been determined responsible for a crime or civil infraction 15 described in section 319, 324, or 904. A person shall be denied 16 a license under this subdivision for the length of time corre- 17 sponding to the period of the licensing sanction that would have 18 been imposed under section 319, 324, or 904 if the person had 19 been licensed at the time of the violation. 20 (o) A person not licensed under this act who has been con- 21 victed of or received a probate court disposition for committing 22 a crime described in section 319e. A person shall be denied a 23 license under this subdivision for the length of time that corre- 24 sponds to the period of the licensing sanction that would have 25 been imposed under section 319e if the person had been licensed 26 at the time of the violation. 01560'97 5 1 (p) A person not licensed under this act who is determined 2 to have violated section 33b(1) of the Michigan liquor control 3 act,Act No. 8 of the Public Acts of the Extra Session of 1933,4being section 436.33b of the Michigan Compiled Laws1933 (EX 5 SESS) PA 8, MCL 436.33B, or section 624a or 624b OF THIS ACT. 6 The person shall be denied a license under this subdivision for a 7 period of time that corresponds to the period of the licensing 8 sanction that would have been imposed under those sections had 9 the person been licensed at the time of the violation. 10 (q) A person who has been convicted of a violation of sec- 11 tion 602a(4) or (5) OF THIS ACT ora violation ofsection 12 479a(4) or (5) of the Michigan penal code,Act No. 328 of the13Public Acts of 1931, being section 750.479a of the Michigan14Compiled Laws1931 PA 328, MCL 750.479A. 15 (2) Upon receiving the appropriate records of conviction, 16 the secretary of state shall revoke the operator's or chauffeur's 17 license of a person having any of the following, whether under a 18 law of this state, a local ordinance substantially corresponding 19 to a law of this state, or a law of another state substantially 20 corresponding to a law of this state: 21 (a) Two convictions of reckless driving in violation of sec- 22 tion 626 within 7 years. 23 (b) Two convictions of a felony in which a motor vehicle was 24 used within 7 years. 25 (c) Any combination of 2 convictions within 7 years for any 26 of the following: 01560'97 6 1 (i) A violation of section 625(1). 2 (ii) A violation of former section 625(1) or (2). 3 (iii) A violation of section 625(4) or (5). 4 (iv) Negligent homicide, manslaughter, or murder resulting 5 from the operation of a motor vehicle. 6 (d) One conviction under section 625(4) or (5). 7 (e) One conviction of negligent homicide, manslaughter, or 8 murder resulting from the operation of a motor vehicle. 9 (f) Any combination of 3 convictions within 10 years for any 10 of the following if any of the convictions resulted from an 11 arrest on or after January 1, 1992: 12 (i) A violation of section 625(1), (3), (4), or (5). 13 (ii) A violation of former section 625(1) or (2) or former 14 section 625b. 15 (iii) Negligent homicide, manslaughter, or murder resulting 16 from the operation of a motor vehicle. 17 (g) A CONVICTION FOR A violation of section 602a(4) or (5) 18 of this act or section 479a(4) or (5) of the Michigan penal code, 19Act No. 328 of the Public Acts of 1931, being section 750.479a20of the Michigan Compiled Laws1931 PA 328, MCL 750.479A. 21 (3) The secretary of state shall revoke a license under sub- 22 section (2) notwithstanding a court order issued under section 23 625, section 625b, former section 625(1) or (2), or former sec- 24 tion 625b or a local ordinance substantially corresponding to 25 section 625, section 625b, former section 625(1) or (2), or 26 former section 625b. 01560'97 7 1 (4) The secretary of state shall not issue a license under 2 this act to a person whose license has been revoked under this 3 act or denied under subsection (1)(d), (e), (f), (i),or(j), 4 OR (Q) until both of the following occur: 5 (a)TheEXPIRATION OF THE later of the following: 6 (i)The expiration of notNOT less than 1 year after the 7 license was revoked or denied. 8 (ii)The expiration of notNOT less than 5 years after the 9 date of a subsequent revocation or denial occurring within 7 10 years after the date of any prior revocation or denial. 11 (b) The person meets the requirements of the department. 12 (5) Multiple convictions or civil infraction determinations 13 resulting from the same incident shall be treated as a single 14 violation for purposes of denial or revocation of a license under 15 this section. 16 (6) As used in this section, "felony in which a motor vehi- 17 cle was used" means a felony during the commission of which the 18 person operated a motor vehicle and while operating the vehicle 19 presented real or potential harm to persons or property and 1 or 20 more of the following circumstances existed: 21 (a) The vehicle was used as an instrument of the felony. 22 (b) The vehicle was used to transport a victim of the 23 felony. 24 (c) The vehicle was used to flee the scene of the felony. 25 (d) The vehicle was necessary for the commission of the 26 felony. 01560'97 8 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 THE LICENSEE'S failureof the licenseeto appear 7 before a magistrate, as provided in this chapter, or upon convic- 8 tion of the licensee or determination of the licensee's responsi- 9 bility for a moving violation in this state. The SUSPENSION 10 periodof suspensionor the probationary terms and conditions 11 shall not be for more than 12 months and shall be determined by 12 the secretary of state at an examination of the driver by the 13 secretary of state. 14 (2) If a license is suspended or probationary terms and con- 15 ditions are imposed by a probate judge OR JUDGE OF THE FAMILY 16 DIVISION OF CIRCUIT COURT, the period during which the suspension 17 or probationary terms and conditions are in effect shall be 18 deducted from the period of suspension or probationary terms and 19 conditions imposed at an examination of the driver by the secre- 20 tary of state pursuant to subsection (1). If a license is sus- 21 pended or probationary terms and conditions are imposed bythe22probateTHAT judge, theprobatecourt shall include the sus- 23 pension, probationary terms, and conditions, and the period 24 during which the suspension, probationary terms, and conditions 25 apply, on the abstractwhich the court forwardsFORWARDED to 26 the secretary of state. 01560'97 9 1 (3) Upon completion of the first 12 months of probation, the 2 secretary of state may require a licensee to be reexamined by the 3 secretary of state if the licensee's driving record contains any 4 of the following: 5 (a) A conviction,OR civil infraction determination, or6probate court disposition ofFOR a moving violation FOR which 7was assessed4 or more points WERE ASSESSED as provided in sec- 8 tion 320a. 9 (b) Three convictions,OR 3 civil infraction determina- 10 tions, 3 probate court dispositions,oraANY combination of 11 convictions,AND civil infraction determinations, and pro-12bate court dispositions whichTHAT equals 3, for moving 13 violations. 14 (c) A total of 6 or more points as provided in section 15 320a. 16 (d) A conviction,OR civil infraction determination, or17probate court disposition ofFOR a moving violation and an acci- 18 dent for which the official police report indicates the licensee 19 had been drinking intoxicating liquor. 20 (e) A conviction,OR civil infraction determination, or21probate court disposition ofFOR a moving violation and an acci- 22 dent for which the official police report indicates a moving vio- 23 lation on the part of the licensee. 24 (f) Three accidents for which the official police report 25 indicates a moving violation on the part of the licensee. 26 (g) A suspensionpursuant toUNDER section 625f. 01560'97 10 1 (4) The probationary period shall be extended beyond 3 years 2 and the secretary of state may reexamine a licensee as provided 3 in subsection (3),if any of the following occur and are 4 recorded on the licensee's driving record during the last 10 5 months of the probationary period: 6 (a) A moving violation resulting in a conviction or civil 7 infraction determination. 8 (b) An accident for which the official police report indi- 9 cates a moving violation on the part of the licensee. 10 (c) An accident for which the official police report indi- 11 cates the licensee had been drinking intoxicating liquor. 12 (d) A license suspension for a reason other than a mental or 13 physical disability. 14 (5) The probationary period shall be extendedpursuant to15 UNDER subsection (4) until the licensee completes 10 consecutive 16 months without a moving violation, accident, or suspension enu- 17 merated in subsection (4). 18 (6)The secretary of state, uponUPON completion of a 19 reexamination, THE SECRETARY OF STATE may suspend or impose pro- 20 bationary terms and conditions on the license of a probationary 21 licensee, except that a reexamination for subsection (3)(d), (e), 22 or (f) shall not result in a license suspension or the imposition 23 of probationary terms or conditions. 24 (7) For 24 months immediately after a licensee's probation- 25 ary period, the secretary of state may require the licensee to be 26 reexamined by the secretary of state if the licensee's driver 27 record has a total of 9 or more points, as provided in section 01560'97 11 1 320a, imposed in a period of 2 years and if the licensee's record 2 contains 1 or more of the following: 3 (a) A convictionor probate court disposition,for a vio- 4 lation of section 625(1) or former section 625(1) or (2), a local 5 ordinance substantially corresponding to section 625(1) or former 6 section 625(1) or (2), or a law of another state substantially 7 corresponding to section 625(1) or former section 625(1) or (2). 8 (b) A convictionor probate court dispositionfor driving 9 while visibly impaired due to consumption of intoxicating liquor, 10 a controlled substance, A CHEMICAL AGENT oraANY combination 11 of intoxicating liquor,anda controlled substance, OR A CHEMI- 12 CAL AGENT. 13 (c) A suspension of the licensee's licensepursuant to14 UNDER section 625f. 15 (d) An accident for which the official police report indi- 16 cates a moving violation on the part of the licensee. 17 (e) An accident for which the official police report indi- 18 cates the licensee had been drinking intoxicating liquor. 19 (8)The secretary of state, uponUPON completion of a 20 reexaminationpursuant toUNDER subsection (7), THE SECRETARY 21 OF STATE may suspend the license of the licensee, except that a 22 reexamination for subsection (7)(d) or (e) shall not result in a 23 license suspension or restriction. 24 (9) If a licensee fails to appear for a reexamination sched- 25 uled by the secretary of state pursuant to this section, the 26 licensee's license may be suspended immediately and remain 01560'97 12 1 suspended until the licensee appears for a reexamination by the 2 secretary of state. 3 (10) Notice of a reexamination required under this section 4 shall be given by first class mail to the last known address of 5 the licensee. 6 (11) For purposes of this section: 7 (a) Upon conviction for a moving violation, the date of the 8 arrest for the violation shall be used in determining whether the 9 conviction occurredwithinDURING the probationary period. 10 (b) Upon entry of a civil infraction determination for a 11 moving violation, the date of issuance of a citation for a civil 12 infraction shall be used in determining whether the civil infrac- 13 tion determination occurredwithinDURING the probationary 14 period. 15 (c) Information of a reexamination shall not be placed on a 16 driver's record unless the secretary of state suspends a license 17 or imposes probationary terms and conditions. 18 (d) A suspensionshall be consideredIS part of a driving 19 record from the date the suspension is imposed until the suspen- 20 sion is terminated. 21 (e) The date of the official police report shall be used in 22 determining whether a licensee was driving a motor vehicle DURING 23 THE PROBATIONARY PERIOD THAT WAS involved in an accident for 24 which the official police report indicates a moving violation on 25 the part of the licensee or indicates the licensee had been 26 drinking intoxicating liquor. 01560'97 13 1 Sec. 319. (1) The secretary of state shall immediately 2 suspend a person's license for not less than 90 days or more than 3 2 years upon receiving a record of the person's conviction for 4 any of the following crimes or attempts to commit any of the fol- 5 lowing crimes, whether the conviction is under a law of this 6 state, a local ordinance substantially corresponding to a law of 7 this state, or a law of another state substantially corresponding 8 to a law of this state: 9 (a) Fraudulently altering or forging documents pertaining to 10 motor vehicles, in violation of section 257. 11 (b) Perjury or making a false certification to the secretary 12 of state under any law requiring the registration of a motor 13 vehicle or regulating the operation of a motor vehicle on a 14 highway. 15 (c) A violation of section 413 or 414 of the Michigan penal 16 code,Act No. 328 of the Public Acts of 1931, being sections17750.413 and 750.414 of the Michigan Compiled Laws1931 PA 328, 18 MCL 750.413 AND 750.414, or a violation of section 1 ofAct19No. 214 of the Public Acts of 1931, being section 752.191 of the20Michigan Compiled Laws1931 PA 214, MCL 752.191. 21 (d) A conviction for reckless driving in violation of sec- 22 tion 626. 23 (e) Failing to stop and disclose identity at the scene of an 24 accident resulting in death or injury in violation of section 617 25 or 617a. 26 (f) A felony in which a motor vehicle was used. As used in 27 this section, "felony in which a motor vehicle was used" means a 01560'97 14 1 felony during the commission of which the person convicted 2 operated a motor vehicle and while operating the vehicle 3 presented real or potential harm to persons or property and 1 or 4 more of the following circumstances existed: 5 (i) The vehicle was used as an instrument of the felony. 6 (ii) The vehicle was used to transport a victim of the 7 felony. 8 (iii) The vehicle was used to flee the scene of the felony. 9 (iv) The vehicle was necessary for the commission of the 10 felony. 11 (2) The secretary of state shall suspend the license of a 12 person convicted of malicious destruction resulting from the 13 operation of a motor vehicle under section 382 of the Michigan 14 penal code,Act No. 328 of the Public Acts of 1931, being sec-15tion 750.382 of the Michigan Compiled Laws1931 PA 328, MCL 16 750.382, for not more than 1 year as ordered by the court as part 17 of the sentence. 18 (3) The secretary of state shall immediately suspend a 19 person's license for the period specified in the abstract of con- 20 viction upon receiving the person's license and abstract of con- 21 viction forwarded to the secretary of state pursuant to section 22 367c of the Michigan penal code,Act No. 328 of the Public Acts23of 1931, being section 750.367c of the Michigan Compiled Laws24 1931 PA 328, MCL 750.367C. 25 (4) Except as otherwise provided in subsection (9), if a 26 court has not ordered a suspension of a person's license under 27 this act for a violation described insubdivision (a), (b), (c),01560'97 15 1or (d)THIS SUBSECTION for a period equal to or greater than the 2 suspension period prescribed undersubdivision (a), (b), (c), or3(d)THIS SUBSECTION for the violation, the secretary of state 4 shall suspend the license as follows, notwithstanding a court 5 order issued under section 625(1), (3), or (6), section 625b, 6 former section 625(1) or (2), or former section 625b or a local 7 ordinance substantially corresponding to section 625(1), (3), or 8 (6), section 625b, former section 625(1) or (2), or former sec- 9 tion 625b: 10 (a) For not less than 90 days or more than 1 year upon 11 receiving a record of the person's conviction for a violation of 12 section 625(3), a local ordinance substantially corresponding to 13 section 625(3), or a law of another state substantially corre- 14 sponding to section 625(3) if the person has no prior convictions 15 within 7 years for a violation of section 625(1), (3), (4), or 16 (5), former section 625(1) or (2), or former section 625b, a 17 local ordinance substantially corresponding to section 625(1) or 18 (3), former section 625(1) or (2), or former section 625b, or a 19 law of another state substantially corresponding to section 20 625(1), (3), (4), or (5), former section 625(1) or (2), or former 21 section 625b. However, if the person is convicted of a violation 22 of section 625(3), a local ordinance substantially corresponding 23 to section 625(3), or a law of another state substantially corre- 24 sponding to section 625(3) for operating a vehicle when, due to 25 the consumption of a controlled substance ora combination of26intoxicating liquor anda controlled substance IN COMBINATION 27 WITH INTOXICATING LIQUOR OR A CHEMICAL AGENT, OR BOTH, the 01560'97 16 1 person's ability to operate the vehicle was visibly impaired, the 2 secretary of state shall suspend the person's license under this 3 subdivision for not less than 6 months or more than 1 year. 4 (b) For not less than 6 months or more than 2 years upon 5 receiving a record of the person's conviction if the person has 6 the following convictions, whether under the law of this state, a 7 local ordinance substantially corresponding to a law of this 8 state, or a law of another state substantially corresponding to a 9 law of this state: 10 (i) One conviction under section 625(1) or former section 11 625(1) or (2). 12 (ii) Any combination of 2 convictions under section 625(3) 13 or former section 625b within a 7-year period. 14 (iii) One conviction under section 625(1) or former section 15 625(1) or (2) and 1 conviction under section 625(3) or former 16 section 625b within a 7-year period. 17 (iv) One conviction under section 625(4) or (5) followed by 18 1 conviction under section 625(3) within a 7-year period. 19 (c) For not less than 30 days or more than 90 days upon 20 receiving a record of the person's conviction for a violation of 21 section 625(6), a local ordinance substantially corresponding to 22 section 625(6), or a law of another state substantially corre- 23 sponding to section 625(6) if the person has no prior convictions 24 within 7 years for a violation of section 625(1), (3), (4), (5), 25 or (6), former section 625(1) or (2), or former section 625b, a 26 local ordinance substantially corresponding to section 625(1), 27 (3), or (6), former section 625(1) or (2), or former section 01560'97 17 1 625b, or a law of another state substantially corresponding to 2 section 625(1), (3), (4), (5), or (6), former section 625(1) or 3 (2), or former section 625b. 4 (d) For not less than 90 days or more than 1 year upon 5 receiving a record of the person's conviction for a violation of 6 section 625(6), a local ordinance substantially corresponding to 7 section 625(6), or a law of another state substantially corre- 8 sponding to section 625(6) if the person has 1 or more prior con- 9 victions within 7 years for a violation of section 625(1), (3), 10 (4), (5), or (6), former section 625(1) or (2), or former section 11 625b, a local ordinance substantially corresponding to section 12 625(1), (3), or (6), former section 625(1) or (2), or former sec- 13 tion 625b, or a law of another state substantially corresponding 14 to section 625(1), (3), (4), (5), or (6), former section 625(1) 15 or (2), or former section 625b. 16 (5) Upon receiving a certificate of conviction under section 17 33b(2) of the Michigan liquor control act,Act No. 8 of the18Public Acts of the Extra Session of 1933, being section 436.33b19of the Michigan Compiled Laws1933 (EX SESS) PA 8, MCL 436.33B, 20 or a local ordinance or law of another state substantially corre- 21 sponding tosection 33b(2) of Act No. 8 of the Public Acts of22the Extra Session of 1933THAT SECTION, the secretary of state 23 shall suspend pursuant to court order the person's operator's or 24 chauffeur's license for 90 days. A suspension under this subsec- 25 tion shall be in addition to any other suspension of the person's 26 license. 01560'97 18 1 (6) Upon receiving the record of a person's conviction for a 2 violation of section 602a(2) or (3) of this act or section 3 479a(2) or (3) ofAct No. 328 of the Public Acts of 1931, being4section 750.479a of the Michigan Compiled LawsTHE MICHIGAN 5 PENAL CODE, 1931 PA 328, MCL 750.479A, the secretary of state 6 immediately shall suspend the person's license for the period 7 ordered by the court as part of the sentence or disposition. 8 (7) Upon receiving an abstract of conviction for a violation 9 of section 33b(1) ofAct No. 8 of the Public Acts of the Extra10Session of 1933, being section 436.33b of the Michigan Compiled11LawsTHE MICHIGAN LIQUOR CONTROL ACT, 1933 (EX SESS) PA 8, MCL 12 436.33B, or section 624a or 624b OF THIS ACT or a local ordinance 13 substantially corresponding to those sections, the secretary of 14 state shall suspend the person's operator's or chauffeur's 15 license for the period of time described in section 33b(4) of 16Act No. 8 of the Public Acts of the Extra Session of 1933THE 17 MICHIGAN LIQUOR CONTROL ACT, 1933 (EX SESS) PA 8, MCL 436.33B, or 18 section 624a or 624b notwithstanding any court order to the con- 19 trary and, if applicable, issue a restricted license as ordered 20 by the court in the manner provided for insection 33b of Act21No. 8 of the Public Acts of the Extra Session of 1933 or section22624a or 624bTHOSE SECTIONS. If the person does not possess an 23 operator's or chauffeur's license, the secretary of state shall 24 deny the person's application for an operator's or chauffeur's 25 license for the applicable suspension period. 26 (8) Except as provided in subsection (10), a suspension 27 under this section shall be imposed notwithstanding a court order 01560'97 19 1 issued under section 625(1), (3), (4), (5), or (6) or section 2 625b or a local ordinance substantially corresponding to 3 section 625(1), (3), or (6) or section 625b. 4 (9) If the secretary of state receives records of more than 5 1 conviction of a person resulting from the same incident, a sus- 6 pension shall be imposed only for the violation to which the 7 longest period of suspension applies under this section. 8 (10) The secretary of state may waive a suspension of a 9 person's license imposed under subsection(4)(a), (b), (c), or10(d)(4) if the person submits proof that a court in another 11 state revoked, suspended, or restricted his or her license for a 12 period equal to or greater than the period of a suspension pre- 13 scribed under subsection(4)(a), (b), (c), or (d)(4) for the 14 violation and that the revocation, suspension, or restriction was 15 served for the violation, or may grant a restricted license. 16 Sec. 625. (1) A person, whether licensed or not, shall not 17 operate a vehicle upon a highway or other place open to the gen- 18 eral public or generally accessible to motor vehicles, including 19 an area designated for the parking of vehicles, within this state 20 if either of the following applies: 21 (a) The person is under the influence of intoxicating 22 liquor, a controlled substance, A CHEMICAL AGENT, oraANY com- 23 bination of intoxicating liquor,anda controlled substance, OR 24 A CHEMICAL AGENT. 25 (b) The person has an alcohol content of 0.10 grams or more 26 per 100 milliliters of blood, per 210 liters of breath, or per 67 27 milliliters of urine. 01560'97 20 1 (2) The owner of a vehicle or a person in charge or in 2 control of a vehicle shall not authorize or knowingly permit the 3 vehicle to be operated upon a highway or other place open to the 4 general public or generally accessible to motor vehicles, includ- 5 ing an area designated for the parking of motor vehicles, within 6 this state by a person who is under the influence of intoxicating 7 liquor, a controlled substance, A CHEMICAL AGENT, oraANY com- 8 bination of intoxicating liquor,anda controlled substance, OR 9 A CHEMICAL AGENT or who has an alcohol content of 0.10 grams or 10 more per 100 milliliters of blood, per 210 liters of breath, or 11 per 67 milliliters of urine. 12 (3) A person, whether licensed or not, shall not operate a 13 vehicle upon a highway or other place open to the general public 14 or generally accessible to motor vehicles, including an area des- 15 ignated for the parking of vehicles, within this state when, due 16 to the consumption ofanintoxicating liquor, a controlled sub- 17 stance, A CHEMICAL AGENT, oraANY combination ofanintoxi- 18 cating liquor,anda controlled substance, OR A CHEMICAL AGENT, 19 the person's ability to operate the vehicle is visibly impaired. 20 If a person is charged with violating subsection (1), a finding 21 of guilty under this subsection may be rendered. 22 (4) A person, whether licensed or not, who operates a motor 23 vehicle in violation of subsection (1) or (3) and by the opera- 24 tion of that motor vehicle causes the death of another person is 25 guilty of a felony punishable by imprisonment for not more than 26 15 years or a fine of not less than $2,500.00 or more than 01560'97 21 1 $10,000.00, or both. The judgment of sentence may impose the 2 sanction permitted under section 625n. 3 (5) A person, whether licensed or not, who operates a motor 4 vehicle in violation of subsection (1) or (3) and by the opera- 5 tion of that motor vehicle causes a serious impairment of a body 6 function of another person is guilty of a felony punishable by 7 imprisonment for not more than 5 years or a fine of not less than 8 $1,000.00 or more than $5,000.00, or both. The judgment of sen- 9 tence may impose the sanction permitted under section 625n. As 10 used in this subsection, "serious impairment of a body function" 11 includes, but is not limited to, 1 or more of the following: 12 (a) Loss of a limb or use of a limb. 13 (b) Loss of a hand, foot, finger, or thumb or use of a hand, 14 foot, finger, or thumb. 15 (c) Loss of an eye or ear or use of an eye or ear. 16 (d) Loss or substantial impairment of a bodily function. 17 (e) Serious visible disfigurement. 18 (f) A comatose state that lasts for more than 3 days. 19 (g) Measurable brain damage or mental impairment. 20 (h) A skull fracture or other serious bone fracture. 21 (i) Subdural hemorrhage or subdural hematoma. 22 (6) A person who is less than 21 years of age, whether 23 licensed or not, shall not operate a vehicle upon a highway or 24 other place open to the general public or generally accessible to 25 motor vehicles, including an area designated for the parking of 26 vehicles, within this state if the person has any bodily alcohol 01560'97 22 1 content. As used in this subsection, "any bodily alcohol 2 content" means either of the following: 3 (a) An alcohol content of not less than 0.02 grams or more 4 than 0.07 grams per 100 milliliters of blood, per 210 liters of 5 breath, or per 67 milliliters of urine. 6 (b) Any presence of alcohol within a person's body resulting 7 from the consumption of intoxicating liquor, other than consump- 8 tion of intoxicating liquor as a part of a generally recognized 9 religious service or ceremony. 10 (7) If a person is convicted of violating subsection (1), 11 all of the following apply: 12 (a) Except as otherwise provided in subdivisions (b) and 13 (d), the person is guilty of a misdemeanor punishable by 1 or 14 more of the following: 15 (i) Community service for not more than 45 days. 16 (ii) Imprisonment for not more than 90 days. 17 (iii) A fine of not less than $100.00 or more than $500.00. 18 (b) If the violation occurs within 7 years of a prior con- 19 viction, the person shall be sentenced to pay a fine of not less 20 than $200.00 or more than $1,000.00 and either of the following: 21 (i) Community service for not less than 10 days or more than 22 90 days and may be imprisoned for not more than 1 year. 23 (ii) Imprisonment for not less than 48 consecutive hours or 24 more than 1 year and may be sentenced to community service for 25 not more than 90 days. 26 (c) A term of imprisonment imposed under subdivision (b)(ii) 27 shall not be suspended. 01560'97 23 1 (d) If the violation occurs within 10 years of 2 or more 2 prior convictions, the person is guilty of a felony and shall be 3 sentenced to pay a fine of not less than $500.00 or more than 4 $5,000.00 and to either of the following: 5 (i) Imprisonment under the jurisdiction of the department of 6 corrections for not less than 1 year or more than 5 years. 7 (ii) Probation with imprisonment in the county jail for not 8 less than 30 days or more than 1 year. Not less than 48 hours of 9 the imprisonment imposed under this subparagraph shall be served 10 consecutively. 11 (e) The term of imprisonment imposed under subdivision (d) 12 shall not be suspended. 13 (f) The judgment of sentence under this subsection may 14 impose the sanction permitted under section 625n. 15 (g) As used in this subsection, "prior conviction" means a 16 conviction for a violation or attempted violation of subsection 17 (1), (4), or (5) or former section 625(1) or (2), a local ordi- 18 nance substantially corresponding to subsection (1) or former 19 section 625(1) or (2), or a law of another state substantially 20 corresponding to subsection (1), (4), or (5) or former section 21 625(1) or (2). 22 (8) A person who is convicted of violating subsection (2) is 23 guilty of a misdemeanor punishable by imprisonment for not more 24 than 90 days or a fine of not less than $100.00 or more than 25 $500.00, or both. 26 (9) If a person is convicted of violating subsection (3), 27 all of the following apply: 01560'97 24 1 (a) Except as otherwise provided in subdivisions (b) and 2 (c), the person is guilty of a misdemeanor punishable by 1 or 3 more of the following: 4 (i) Community service for not more than 45 days. 5 (ii) Imprisonment for not more than 90 days. 6 (iii) A fine of not more than $300.00. 7 (b) If the violation occurs within 7 years of 1 prior con- 8 viction, the person shall be sentenced to pay a fine of not less 9 than $200.00 or more than $1,000.00, and either of the 10 following: 11 (i) Community service for not less than 10 days or more than 12 90 days and may be sentenced to imprisonment for not more than 1 13 year. 14 (ii) Imprisonment for not more than 1 year and may be sen- 15 tenced to community service for not more than 90 days. 16 (c) If the violation occurs within 10 years of 2 or more 17 prior convictions, the person shall be sentenced to pay a fine of 18 not less than $200.00 or more than $1,000.00, and either of the 19 following: 20 (i) Community service for not less than 10 days or more than 21 90 days and may be sentenced to imprisonment for not more than 1 22 year. 23 (ii) Imprisonment for not more than 1 year and may be sen- 24 tenced to community service for not more than 90 days. 25 (d) The judgment of sentence under subdivision (b) or (c) 26 may impose the sanction permitted under section 625n. 01560'97 25 1 (e) As used in this subsection, "prior conviction" means a 2 conviction for a violation or attempted violation of subsection 3 (1), (3), (4), or (5), former section 625(1) or (2), or former 4 section 625b, a local ordinance substantially corresponding to 5 subsection (1) or (3), former section 625(1) or (2), or former 6 section 625b, or a law of another state substantially correspond- 7 ing to subsection (1), (3), (4), or (5), former section 625(1) or 8 (2), or former section 625b. 9 (10) If a person is convicted of violating subsection (6), 10 all of the following apply: 11 (a) Except as otherwise provided in subdivision (b), the 12 person is guilty of a misdemeanor punishable by 1 or both of the 13 following: 14 (i) Community service for not more than 45 days. 15 (ii) A fine of not more than $250.00. 16 (b) If the violation occurs within 7 years of 1 or more 17 prior convictions, the person may be sentenced to 1 or both of 18 the following: 19 (i) Community service for not more than 60 days. 20 (ii) A fine of not more than $500.00. 21 (c) As used in this subsection, "prior conviction" means a 22 conviction for a violation or attempted violation of subsection 23 (1), (3), (4), (5), or (6), former section 625(1) or (2), or 24 former section 625b, a local ordinance substantially correspond- 25 ing to subsection (1), (3), or (6), former section 625(1) or (2), 26 or former section 625b, or a law of another state substantially 01560'97 26 1 corresponding to subsection (1), (3), (4), (5), or (6), former 2 section 625(1) or (2), or former section 625b. 3 (11) In addition to imposing the sanctions prescribed under 4 subsection (4), (5), (7), (9), or (10), the court may order the 5 person to pay the costs of the prosecution under the code of 6 criminal procedure,Act No. 175 of the Public Acts of 1927,7being sections 760.1 to 776.22 of the Michigan Compiled Laws8 1927 PA 175, MCL 760.1 TO 776.22. 9 (12) The court shall impose licensing sanctions pursuant to 10 section 625b. 11 (13) A person sentenced to perform community service under 12 this section shall not receive compensation and shall reimburse 13 the state or appropriate local unit of government for the cost of 14 supervision incurred by the state or local unit of government as 15 a result of the person's activities in that service. 16 (14) If the prosecuting attorney intends to seek an enhanced 17 sentence under subsection (7)(b) or (d), subsection (9)(b) or 18 (c), or subsection (10)(b) based upon the defendant having 1 or 19 more prior convictions, the prosecuting attorney shall include on 20 the complaint and information, or an amended complaint and infor- 21 mation, filed in district court, circuit court, recorder's court, 22 municipal court, or probate court a statement listing the 23 defendant's prior convictions. 24 (15) If a person is charged with a violation of subsection 25 (1) or (3), the court shall not permit the defendant to enter a 26 plea of guilty or nolo contendere to a charge of violating 27 subsection (6) in exchange for dismissal of the original charge. 01560'97 27 1 This subsection does not prohibit the court from dismissing the 2 charge upon the prosecuting attorney's motion. 3 (16) A prior conviction shall be established at sentencing 4 by 1 or more of the following: 5 (a) An abstract of conviction. 6 (b) A copy of the defendant's driving record. 7 (c) An admission by the defendant. 8 (17) A person who is convicted of an attempted violation of 9 subsection (1), (3), (4), (5), or (6) or a local ordinance sub- 10 stantially corresponding to subsection (1), (3), or (6) shall be 11 punished as if the offense had been completed. 12 (18) When assessing points and taking licensing action under 13 this act, the secretary of state and the court shall treat a con- 14 viction of an attempted violation of subsection (1), (3), (4), 15 (5), or (6) or a local ordinance substantially corresponding to 16 subsection (1), (3), or (6) or a law of another state substan- 17 tially corresponding to subsection (1), (3), (4), (5), or (6) the 18 same as if the offense had been completed. 19 (19) Except as otherwise provided in subsection (21), if a 20 person is charged with operating a vehicle while under the influ- 21 ence of a controlled substance ora combination of intoxicating22liquor anda controlled substance IN COMBINATION WITH INTOXICAT- 23 ING LIQUOR OR A CHEMICAL AGENT, OR BOTH, in violation of 24 subsection (1) or a local ordinance substantially corresponding 25 to subsection (1), the court shall require the jury to return a 26 special verdict in the form of a written finding or, if the court 27 convicts the person without a jury or accepts a plea of guilty or 01560'97 28 1 nolo contendere, the court shall make a finding as to whether the 2 person was under the influence of a controlled substance ora3combination of intoxicating liquor anda controlled substance IN 4 COMBINATION WITH INTOXICATING LIQUOR OR A CHEMICAL AGENT, OR 5 BOTH, at the time of the violation. 6 (20) Except as otherwise provided in subsection (21), if a 7 person is charged with operating a vehicle while his or her abil- 8 ity to operate the vehicle was visibly impaired due to his or her 9 consumption of a controlled substance ora combination of intox-10icating liquor anda controlled substance IN COMBINATION WITH 11 INTOXICATING LIQUOR OR A CHEMICAL AGENT, OR BOTH, in violation of 12 subsection (3) or a local ordinance substantially corresponding 13 to subsection (3), the court shall require the jury to return a 14 special verdict in the form of a written finding or, if the court 15 convicts the person without a jury or accepts a plea of guilty or 16 nolo contendere, the court shall make a finding as to whether, 17 due to the consumption of a controlled substance ora combina-18tion of intoxicating liquor anda controlled substance IN COMBI- 19 NATION WITH INTOXICATING LIQUOR OR A CHEMICAL AGENT, OR BOTH, the 20 person's ability to operate a motor vehicle was visibly impaired 21 at the time of the violation. 22 (21) A special verdict described in subsections (19) and 23 (20) is not required if a jury is instructed to make a finding 24 solely as to either of the following: 25 (a) Whether the defendant was under the influence of a con- 26 trolled substance ora combination of intoxicating liquor anda 01560'97 29 1 controlled substance IN COMBINATION WITH INTOXICATING LIQUOR OR A 2 CHEMICAL AGENT, OR BOTH, at the time of the violation. 3 (b) Whether the defendant was visibly impaired due to his or 4 her consumption of a controlled substance ora combination of5intoxicating liquor anda controlled substance IN COMBINATION 6 WITH INTOXICATING LIQUOR OR A CHEMICAL AGENT, OR BOTH, at the 7 time of the violation. 8 (22) If a jury or courtmakes a findingFINDS under sub- 9 section (19), (20), or (21) that the defendant operated a motor 10 vehicle under the influence of or while impaired due to the con- 11 sumption of a controlled substance ora combination ofa con- 12 trolled substanceand anIN COMBINATION WITH intoxicating 13 liquor OR A CHEMICAL AGENT, OR BOTH, the court shall do both of 14 the following: 15 (a) Report the finding to the secretary of state. 16 (b) On a form or forms prescribed by the state court admin- 17 istrator, forward to the department of state police a record that 18 specifies the penalties imposed by the court, including any term 19 of imprisonment, any licensing sanction imposed under 20 section 625b, and any sanction imposed under section 625n. 21 (23) Except as otherwise provided by law, a record described 22 in subsection (22)(b) is a public record and the department of 23 state police shall retain the information contained on that 24 record for not less than 7 years. 25 (24) In a prosecution for a violation of subsection (6), the 26 defendant bears the burden of proving that the consumption of 27 intoxicating liquor was a part of a generally recognized 01560'97 30 1 religious service or ceremony by a preponderance of the 2 evidence. 3 Sec. 625a. (1) A peace officer may arrest a person without 4 a warrant under either of the following circumstances: 5 (a) The peace officer has reasonable cause to believe the 6 person was, at the time of an accident in this state, the opera- 7 tor of a vehicle involved in the accident and was operating the 8 vehicle in violation of section 625(1), (3), or (6) or a local 9 ordinance substantially corresponding to section 625(1), (3), or 10 (6). 11 (b) The person is found in the driver's seat of a vehicle 12 parked or stopped on a highway or street within this state if any 13 part of the vehicle intrudes into the roadway and the peace offi- 14 cer has reasonable cause to believe the person was operating the 15 vehicle in violation of section 625(1), (3), or (6) or a local 16 ordinance substantially corresponding to section 625(1), (3), or 17 (6). 18 (2) A peace officer who has reasonable cause to believe 19thata person was operating a vehicle upon a public highway or 20 other place open to the public or generally accessible to motor 21 vehicles, including an area designated for the parking of vehi- 22 cles, within this state and that the person by the consumption of 23 intoxicating liquor may have affected his or her ability to oper- 24 ate a vehicle,orreasonable cause to believe that a person was 25 operating a commercial motor vehicle within the state while the 26 person's blood, breath, or urine contained any measurable amount 27 of alcohol or while the person had any detectable presence of 01560'97 31 1 intoxicating liquor, or reasonable cause to believe that a person 2 who is less than 21 years of age was operating a vehicle upon a 3 public highway or other place open to the public or generally 4 accessible to motor vehicles, including an area designated for 5 the parking of vehicles, within this state while the person had 6 any bodily alcohol content asthat term isdefined in section 7 625(6),may require the person to submit to a preliminary 8 chemical breath analysis. The following provisions apply with 9 respect to a preliminary chemical breath analysis administered 10 pursuant to this subsection: 11 (a) A peace officer may arrest a person based in whole or in 12 part upon the results of a preliminary chemical breath analysis. 13 (b) The results of a preliminary chemical breath analysis 14 are admissible in a criminal prosecution for a crime enumerated 15 in section 625c(1) or in an administrative hearing for 1 or more 16 of the following purposes: 17 (i) To assist the court or hearing officer in determining a 18 challenge to the validity of an arrest. This subparagraph does 19 not limit the introduction of other competent evidence offered to 20 establish the validity of an arrest. 21 (ii) As evidence of the defendant's breath alcohol content, 22 if offered by the defendant. 23 (iii) As evidence of the defendant's breath alcohol content, 24 if offered by the prosecution to rebut testimony or other evi- 25 dence, including but not limited to testimony elicited on 26 cross-examination of a prosecution witness, that is offered or 27 elicited to prove that the defendant's breath alcohol content was 01560'97 32 1 lower at the time of the charged offense than when a chemical 2 test was administered pursuant to subsection (6). 3 (c) A person who submits to a preliminary chemical breath 4 analysis remains subject to the requirements of sections 625c, 5 625d, 625e, and 625f for purposes of chemical tests described in 6 those sections. 7 (d) Except as provided in subsection (5), a person who 8 refuses to submit to a preliminary chemical breath analysis upon 9 a PEACE OFFICER'S lawful requestby a peace officeris respon- 10 sible for a civil infraction. 11 (3) A peace officer shall use the results of a preliminary 12 chemical breath analysis conducted pursuant to this section to 13 determine whether to order a person out-of-service under 14 section 319d. A peace officer shall order out-of-service as 15 required under section 319d a person who was operating a commer- 16 cial motor vehicle and who refuses to submit to a preliminary 17 chemical breath analysis as provided in this section. This sec- 18 tion does not limit use of other competent evidence by the peace 19 officer to determine whether to order a person out-of-service 20 under section 319d. 21 (4) A person who was operating a commercial motor vehicle 22 and who is requested to submit to a preliminary chemical breath 23 analysis under this section shall be advised that refusing a 24 peace officer's request to take a test described in this section 25 is a misdemeanor punishable by imprisonment for not more than 90 26 days or a fine of not more than $100.00, or both, and will result 27 in the issuance of a 24-hour out-of-service order. 01560'97 33 1 (5) A person who was operating a commercial motor vehicle 2 and who refuses to submit to a preliminary chemical breath analy- 3 sis upon a peace officer's lawful request is guilty of a misde- 4 meanor punishable by imprisonment for not more than 90 days or a 5 fine of not more than $100.00, or both. 6 (6) The following provisions apply with respect to chemical 7 tests and analysis of a person's blood, urine, or breath, other 8 than preliminary chemical breath analysis: 9 (a) The amount of alcohol or THE presence of a controlled 10 substance orbothCHEMICAL AGENT in a driver's blood or urine 11 or the amount of alcohol in a person's breath at the time alleged 12 as shown by chemical analysis of the person's blood, urine, or 13 breath is admissible into evidence in any civil or criminal 14 proceeding. 15 (b) A person arrested for a crime described in 16 section 625c(1) shall be advised of all of the following: 17 (i) If he or she takes a chemical test of his or her blood, 18 urine, or breath administered at the request of a peace officer, 19 he or she has the right to demand that a person of his or her own 20 choosing administer 1 of the chemical tests. 21 (ii) The results of the test are admissible in a judicial 22 proceeding as provided under this act and will be considered with 23 other competent evidence in determining the defendant's innocence 24 or guilt. 25 (iii) He or she is responsible for obtaining a chemical 26 analysis of a test sample obtained pursuant to his or her own 27 request. 01560'97 34 1 (iv) If he or she refusestheA PEACE OFFICER'S request 2of a peace officerto take a test described in subparagraph 3 (i), a test shall not be given without a court order, but the 4 peace officer may seek to obtainsucha court order. 5 (v) Refusing a peace officer's request to take a test 6 described in subparagraph (i) will result in the suspension of 7 his or her operator's or chauffeur's license and vehicle group 8 designation or operating privilege and in the addition of 6 9 points to his or her driver record. 10 (c) A sample or specimen of urine or breath shall be taken 11 and collected in a reasonable manner. Only a licensed physician, 12 or an individual operating under the delegation of a licensed 13 physician under section 16215 of the public health code,Act14No. 368 of the Public Acts of 1978, being section 333.16215 of15the Michigan Compiled Laws1978 PA 368, MCL 333.16215, qualified 16 to withdraw blood and acting in a medical environment, may with- 17 draw blood at a peace officer's request to determine the amount 18 of alcohol or presence of a controlled substance orboth19 CHEMICAL AGENT in the person's blood, as provided in this 20 subsection. Liability for a crime or civil damages predicated on 21 the act of withdrawing or analyzing blood and related procedures 22 does not attach to a licensed physician or individual operating 23 under the delegation of a licensed physician who withdraws or 24 analyzes blood or assists in the withdrawal or analysis in 25 accordance with this act unless the withdrawal or analysis is 26 performed in a negligent manner. 01560'97 35 1 (d) A chemical test described in this subsection shall be 2 administered at the request of a peace officer having reasonable 3 grounds to believe the person has committed a crime described in 4 section 625c(1). A person who takes a chemical test administered 5 at a peace officer's request as provided in this section shall be 6 given a reasonable opportunity to have a person of his or her own 7 choosing administer 1 of the chemical tests described in this 8 subsection within a reasonable time after his or her detention. 9 The test results are admissible and shall be considered with 10 other competent evidence in determining the defendant's innocence 11 or guilt. If the person charged is administered a chemical test 12 by a person of his or her own choosing, the person charged is 13 responsible for obtaining a chemical analysis of the test 14 sample. 15 (e) If, after an accident, the driver of a vehicle involved 16 in the accident is transported to a medical facility and a sample 17 of the driver's blood is withdrawn at that time for medical 18 treatment, the results of a chemical analysis of that sample are 19 admissible in any civil or criminal proceeding to show the amount 20 of alcohol or THE presence of a controlled substance orboth21 CHEMICAL AGENT in the person's blood at the time alleged, regard- 22 less of whether the person had been offered or had refused a 23 chemical test. The medical facility or person performing the 24 chemical analysis shall disclose the results of the analysis to a 25 prosecuting attorney who requests the results for use in a crimi- 26 nal prosecution as provided in this subdivision. A medical 27 facility or person disclosing information in compliance with this 01560'97 36 1subsectionSUBDIVISION is not civilly or criminally liable for 2 making the disclosure. 3 (f) If, after an accident, the driver of a vehicle involved 4 in the accident is deceased, a sample of the decedent's blood 5 shall be withdrawn in a manner directed by the medical examiner 6 to determine the amount of alcohol or the presence of a con- 7 trolled substance,orboth,CHEMICAL AGENT in the decedent's 8 blood. The medical examiner shall give the results of the chemi- 9 cal analysis of the sample to the law enforcement agency investi- 10 gating the accident and that agency shall forward the results to 11 the department of state police. 12 (g) The department of state police shall promulgate uniform 13 rules pursuant to the administrative procedures act of 1969,Act14No. 306 of the Public Acts of 1969, being sections 24.201 to1524.328 of the Michigan Compiled Laws1969 PA 306, MCL 24.201 TO 16 24.328, for the administration of chemical tests for the purposes 17 of this section. An instrument used for a preliminary chemical 18 breath analysis may be used for a chemical test described in this 19 subsection if approved under rules promulgated by the department 20 of state police. 21 (7) The provisions of subsection (6) relating to chemical 22 testing do not limit the introduction of any other competent evi- 23 dence bearing upon the question of whether a person was impaired 24 by,or under the influence of,intoxicating liquor,ora 25 controlled substance, A CHEMICAL AGENT, oraANY combination of 26 intoxicating liquor,anda controlled substance, or A CHEMICAL 27 AGENT whether the person had an alcohol content of 0.10 grams or 01560'97 37 1 more per 100 milliliters of blood, per 210 liters of breath, or, 2 per 67 milliliters of urine, or, if the person is less than 21 3 years of age, whether the person had any bodily alcohol content 4 AS DEFINED IN SECTION 625(6).within his or her body. As used5in this section, "any bodily alcohol content" means either of the6following:7(a) An alcohol content of not less than 0.02 grams or more8than 0.07 grams per 100 milliliters of blood, per 210 liters of9breath, or per 67 milliliters of urine.10(b) Any presence of alcohol within a person's body resulting11from the consumption of intoxicating liquor, other than consump-12tion of intoxicating liquor as a part of a generally recognized13religious service or ceremony.14 (8) If a chemical test described in subsection (6) is admin- 15 istered, the test results shall be made available to the person 16 charged or the person's attorney upon written request to the 17 prosecution, with a copy of the request filed with the court. 18 The prosecution shall furnish the results at least 2 days before 19 the day of the trial. The prosecution shall offer the test 20 results as evidence in that trial. Failure to fully comply with 21 the request bars the admission of the results into evidence by 22 the prosecution. 23 (9) Except in a prosecution relating solely to a violation 24 of section 625(1)(b) or (6), the amount of alcohol in the 25driver'sDEFENDANT'S blood, breath, or urine at the time 26 alleged as shown by chemical analysis of theperson's01560'97 38 1 DEFENDANT'S blood, breath, or urine gives rise to the following 2 presumptions: 3 (a) If there were at the time 0.07 grams or less of alcohol 4 per 100 milliliters of the defendant's blood, per 210 liters of 5 the defendant's breath, or per 67 milliliters of the defendant's 6 urine, it is presumed that the defendant's ability to operate a 7 motor vehicle was not impaired due to the consumption of intoxi- 8 cating liquor and that the defendant was not under the influence 9 of intoxicating liquor. 10 (b) If there were at the time more than 0.07 grams but less 11 than 0.10 grams of alcohol per 100 milliliters of the defendant's 12 blood, per 210 liters of the defendant's breath, or per 67 milli- 13 liters of the defendant's urine, it is presumed that the 14 defendant's ability to operate a vehicle was impaired within the 15 provisions of section 625(3) due to the consumption of intoxicat- 16 ing liquor. 17 (c) If there were at the time 0.10 grams or more of alcohol 18 per 100 milliliters of the defendant's blood, per 210 liters of 19 the breath, or per 67 milliliters of the defendant's urine, it is 20 presumed that the defendant was under the influence of intoxicat- 21 ing liquor. 22 (10) A person's refusal to submit to a chemical test as pro- 23 vided in subsection (6) is admissible in a criminal prosecution 24 for a crime described in section 625c(1) only to show that a test 25 was offered to the defendant, but not as evidence in determining 26 the defendant's innocence or guilt. The jury shall be instructed 27 accordingly. 01560'97 39 1 Sec. 625b. (1) A person arrested for a misdemeanor 2 violation of section 625(1), (3), or (6) or section 625m or a 3 local ordinance substantially corresponding to section 625(1), 4 (3), or (6) or section 625m shall be arraigned on the citation, 5 complaint, or warrant not more than 14 days after the arrest for 6 the violation or, if an arrest warrant is issued or reissued, not 7 more than 14 days after the issued or reissued arrest warrant is 8 served, whichever is later. The court shall not dismiss a case 9 or impose any other sanction for a failure to comply with this 10 time limit. The time limit does not apply to a violation of 11 section 625(1) punishable under section 625(7)(d) or a violation 12 of section 625(1), (3), or (6) or section 625m joined with a 13 felony charge. 14 (2) The court shall schedule a pretrial conference between 15 the prosecuting attorney, the defendant, and the defendant's 16 attorney in each case in which the defendant is charged with a 17 misdemeanor violation of section 625(1), (3), or (6) or 18 section 625m or a local ordinance substantially corresponding to 19 section 625(1), (3), or (6) or section 625m. The pretrial con- 20 ference shall be held not more than 35 days after the person's 21 arrest for the violation or, if an arrest warrant is issued or 22 reissued, not more than 35 days after the issued or reissued 23 arrest warrant is served, whichever is later. If the court has 24 only 1 judge who sits in more than 1 location in that district, 25 the pretrial conference shall be held not more than 42 days after 26 the person's arrest for the violation or, if an arrest warrant is 27 issued or reissued, not more than 42 days after the date the 01560'97 40 1 issued or reissued arrest warrant is served, whichever is later. 2 The court shall not dismiss a case or impose any other sanction 3 for a failure to comply with the applicable time limit. The 35- 4 and 42-day time limits do not apply to a violation of 5 section 625(1) punishable under section 625(7)(d) or a violation 6 of section 625(1), (3), or (6) or section 625m joined with a 7 felony charge. The court shall order the defendant to attend the 8 pretrial conference and may accept a plea by the defendant at the 9 conclusion of the pretrial conference. The court may adjourn the 10 pretrial conference upon the motion of a party for good cause 11 shown. Not more than 1 adjournment shall be granted to a party, 12 and the length of an adjournment shall not exceed 14 days. 13 (3) Except for delay attributable to the unavailability of 14 the defendant, a witness, or material evidence or due to an 15 interlocutory appeal or exceptional circumstances, but not a 16 delay caused by docket congestion, the court shall finally adju- 17 dicate, by a plea of guilty or nolo contendere, entry of a ver- 18 dict, or other final disposition, a case in which the defendant 19 is charged with a misdemeanor violation of section 625(1), (3), 20 or (6) or section 625m or a local ordinance substantially corre- 21 sponding to section 625(1), (3), or (6) or section 625m, within 22 77 days after the person is arrested for the violation or, if an 23 arrest warrant is issued or reissued, not more than 77 days after 24 the date the issued or reissued arrest warrant is served, which- 25 ever is later. The court shall not dismiss a case or impose any 26 other sanction for a failure to comply with this time limit. The 27 77-day time limit does not apply to a violation of section 625(1) 01560'97 41 1 punishable under section 625(7)(d) or a violation of 2 section 625(1), (3), or (6) or section 625m joined with a felony 3 charge. 4 (4) Before accepting a plea of guilty or nolo contendere 5 under section 625 or a local ordinance substantially correspond- 6 ing to section 625(1), (2), (3), or (6), the court shall advise 7 the accused of the maximum possible term of imprisonment and the 8 maximum possible fine that may be imposed for the violation,9 and shall advise the defendant that the maximum possible license 10 sanctions that may be imposed will be based upon the master driv- 11 ing record maintained by the secretary of state pursuant to 12 section 204a. 13 (5) Before imposing sentence, other than court-ordered 14 license sanctions, for a violation of section 625(1), (3), (4), 15 (5), or (6) or a local ordinance substantially corresponding to 16 section 625(1), (3), or (6), the court shall order the person to 17 undergo screening and assessment by a person or agency designated 18 by the office of substance abuse services to determine whether 19 the person is likely to benefit from rehabilitative services, 20 including alcohol or drug education and alcohol or drug treatment 21 programs. As part of the sentence, the court may order the 22 person to participate in and successfully complete 1 or more 23 appropriate rehabilitative programs. The person shall pay for 24 the costs of the screening, reassessment, and rehabilitative 25 services. 26 (6) Immediately upon acceptance by the court of a plea of 27 guilty or nolo contendere or upon entry of a verdict of guilty 01560'97 42 1 for a violation of section 625(1), (3), (4), (5), or (6) or a 2 local ordinance substantially corresponding to section 625(1), 3 (3), or (6), whether or not the person is eligible to be sen- 4 tenced as a multiple offender, the court shall consider all prior 5 convictions currently entered upon the person's Michigan driving 6 record, except convictions the court determines upon the 7 defendant's motion to be constitutionally invalid, and shall 8 impose the following licensing sanctions: 9 (a) For a conviction under section 625(4) or (5), the court 10 shall order the secretary of state to revoke the person's 11 operator's or chauffeur's license and shall not order the secre- 12 tary of state to issue a restricted license to the person. 13 (b) For a conviction under section 625(1) or a local ordi- 14 nance substantially corresponding to section 625(1): 15 (i) If the court finds that the person has no prior convic- 16 tions within 7 years for a violation of section 625(1), (3), (4), 17 or (5), former section 625(1) or (2), or former section 625b, a 18 local ordinance substantially corresponding to section 625(1) or 19 (3), former section 625(1) or (2) or former section 625b, or a 20 law of another state substantially corresponding to section 21 625(1), (3), (4), or (5), former section 625(1) or (2), or former 22 section 625b, the court shall order the secretary of state to 23 suspend the person's operator's or chauffeur's license for not 24 less than 6 months or more than 2 years. If the court finds com- 25 pelling circumstances under subsection (10) sufficient to warrant 26 the issuance of a restricted license to a person, the court may 27 order the secretary of state to issue to the person a restricted 01560'97 43 1 license during all or a specified portion of the suspension, 2 except that a restricted license shall not be issued during the 3 first 30 days of the suspension. 4 (ii) If the court finds that the person has 1 prior convic- 5 tion within 7 years for a violation of section 625(3) or former 6 section 625b, a local ordinance substantially corresponding to 7 section 625(3) or former section 625b, or a law of another state 8 substantially corresponding to section 625(3) or former 9 section 625b, the court shall order the secretary of state to 10 suspend the person's operator's or chauffeur's license for not 11 less than 6 months or more than 2 years. If the court finds com- 12 pelling circumstances under subsection (10) sufficient to warrant 13 the issuance of a restricted license to a person, the court may 14 order the secretary of state to issue to the person a restricted 15 license during all or any portion of the suspension, except that 16 a restricted license shall not be issued during the first 60 days 17 of the suspension. 18 (iii) If the court finds that the person has 1 or more prior 19 convictions within 7 years for a violation of section 625(1), 20 (4), or (5) or former section 625(1) or (2), a local ordinance 21 substantially corresponding to section 625(1) or former section 22 625(1) or (2), or a law of another state substantially corre- 23 sponding to section 625(1), (4), or (5) or former section 625(1) 24 or (2), or that the person has 2 or more prior convictions within 25 10 years for a violation of section 625(1), (3), (4), or (5), 26 former section 625(1) or (2), or former section 625b, a local 27 ordinance substantially corresponding to section 625(1) or (3), 01560'97 44 1 former section 625(1) or (2), or former section 625b, or a law of 2 another state substantially corresponding to section 625(1), (3), 3 (4), or (5), former section 625(1) or (2), or former section 4 625b, the court shall order the secretary of state to revoke the 5 person's operator's or chauffeur's license and shall not order 6 the secretary of state to issue a restricted license to the 7 person. 8 (c) For a conviction under section 625(3) or a local ordi- 9 nance substantially corresponding to section 625(3): 10 (i) If the court finds that the convicted person has no 11 prior conviction within 7 years for a violation of section 12 625(1), (3), (4), or (5), former section 625(1) or (2), or former 13 section 625b, a local ordinance substantially corresponding to 14 section 625(1) or (3), former section 625(1) or (2), or former 15 section 625b, or a law of another state substantially correspond- 16 ing to section 625(1), (3), (4), or (5), former section 625(1) or 17 (2), or former section 625b, the court shall order the secretary 18 of state to suspend the person's operator's or chauffeur's 19 license for not less than 90 days or more than 1 year. However, 20 if the person is convicted of a violation of section 625(3) or a 21 local ordinance substantially corresponding to section 625(3) for 22 operating a vehicle when, due to the consumption of a controlled 23 substance ora combination of intoxicating liquor anda con- 24 trolled substance IN COMBINATION WITH INTOXICATING LIQUOR OR A 25 CHEMICAL AGENT, OR BOTH, the person's ability to operate the 26 vehicle was visibly impaired, the court shall order the secretary 27 of state to suspend the operator's or chauffeur's license of the 01560'97 45 1 person for not less than 6 months or more than 1 year. If the 2 court finds compelling circumstances under subsection (10) suffi- 3 cient to warrant the issuance of a restricted license to a 4 person, the court may order the secretary of state to issue to 5 the person a restricted license during all or a specified portion 6 of the suspension. 7 (ii) If the court finds that the person has 1 prior convic- 8 tion within 7 years for a violation of section 625(1), (3), (4), 9 or (5), former section 625(1) or (2), or former section 625b, a 10 local ordinance substantially corresponding to section 625(1) or 11 (3), former section 625(1) or (2), or former section 625b, or a 12 law of another state substantially corresponding to section 13 625(1), (3), (4), or (5), former section 625(1) or (2), or former 14 section 625b, the court shall order the secretary of state to 15 suspend the person's operator's or chauffeur's license for not 16 less than 6 months or more than 2 years. If the court finds com- 17 pelling circumstances under subsection (10) sufficient to warrant 18 the issuance of a restricted license to a person, the court may 19 order the secretary of state to issue to the person a restricted 20 license during all or any portion of the suspension, except that 21 a restricted license shall not be issued during the first 60 days 22 of the suspension. 23 (iii) If the court finds that the person has 2 or more prior 24 convictions within 10 years for a violation of section 625(1), 25 (3), (4), or (5), former section 625(1) or (2), or former section 26 625b, a local ordinance substantially corresponding to section 27 625(1) or (3), former section 625(1) or (2), or former section 01560'97 46 1 625b, or a law of another state substantially corresponding to 2 section 625(1), (3), (4), or (5), former section 625(1) or (2), 3 or former section 625b, the court shall order the secretary of 4 state to revoke the person's operator's or chauffeur's license 5 and shall not order the secretary of state to issue a restricted 6 license to the person. 7 (d) For a conviction under section 625(6) or a local ordi- 8 nance substantially corresponding to section 625(6): 9 (i) If the court finds that the convicted person has no 10 prior conviction within 7 years for a violation of section 11 625(1), (3), (4), (5), or (6), former section 625(1) or (2), or 12 former section 625b, a local ordinance substantially correspond- 13 ing to section 625(1), (3), or (6), former section 625(1) or (2), 14 or former section 625b, or a law of another state substantially 15 corresponding to section 625(1), (3), (4), (5), or (6), former 16 section 625(1) or (2), or former section 625b, the court shall 17 order the secretary of state to suspend the operator's or 18 chauffeur's license of the person for not less than 30 days or 19 more than 90 days. The court may order the secretary of state to 20 issue to the person a restricted license during all or a speci- 21 fied portion of the suspension. 22 (ii) If the court finds that the person has 1 or more prior 23 convictions within 7 years for a violation of section 625(1), 24 (3), (4), (5), or (6), former section 625(1) or (2), or former 25 section 625b, a local ordinance substantially corresponding to 26 section 625(1), (3), or (6), former section 625(1) or (2), or 27 former section 625b, or a law of another state substantially 01560'97 47 1 corresponding to section 625(1), (3), (4), (5), or (6), former 2 section 625(1) or (2), or former section 625b, the court shall 3 order the secretary of state to suspend the operator's or 4 chauffeur's license of the person for not less than 90 days or 5 more than 1 year. The court may order the secretary of state to 6 issue to the person a restricted license during all or any por- 7 tion of the suspension, except that a restricted license shall 8 not be issued during the first 90 days of the suspension. 9 (7) A restricted license issued pursuant to an order under 10 subsection (6) shall permit the person to whom it is issued to 11 drive under 1 or more of the following circumstances: 12 (a) To and from the person's residence and work location. 13 (b) In the course of the person's employment or occupation. 14 (c) To and from the person's residence and an alcohol or 15 drug education or treatment program as ordered by the court. 16 (d) To and from the person's residence and the court proba- 17 tion department or a court-ordered community service program, or 18 both. 19 (e) To and from the person's residence and an educational 20 institution at which the person is enrolled as a student. 21 (f) To and from the person's residence or work location and 22 a place of regularly occurring medical treatment for a serious 23 condition for the person or a member of the person's household or 24 immediate family. 25 (8) The court may order thattheA restricted license 26 issuedpursuant toUNDER subsection (6) include the requirement 27 that the person shall not operate a motor vehicle unless the 01560'97 48 1 vehicle is equipped with a functioning ignition interlock 2 device. The device shall be set to render the motor vehicle 3 inoperable if the device detects an alcohol content of 0.02 grams 4 or more per 210 liters of breath of the person who offers a 5 breath sample. The court may order installation of an ignition 6 interlock device on any motor vehiclethatthe person owns or 7 operates, the costs of which the person whose license is 8 restricted shall bear. 9 (9) The court shall not order the secretary of state under 10 subsection (6) to issue a restricted license that would permit a 11 person to operate a commercial motor vehicle that hauls hazardous 12 materials. 13 (10) The court shall not order the secretary of state to 14 issue a restricted license unless the person states under oath, 15 and the courtfinds pursuant toDETERMINES FROM testimony taken 16 in open court orpursuant tostatements contained in a sworn 17 affidavit on a form prescribed by the state court administrator, 18 that both of the following are true: 19 (a) The person needs vehicular transportation to and from 20 his or her work location, place of alcohol or drug education 21 treatment, court probation department, court-ordered community 22 service program, or educational institution, or a place of regu- 23 larly occurring medical treatment for a serious condition, or in 24 the course of the person's employment or occupation. 25 (b) The person is unable to take public transportation and 26 does not have any family members or other individuals able to 01560'97 49 1 provide transportation to a destination or for a purpose 2 described in subdivision (a). 3 (11) The court order issued under subsection (6) and the 4 restricted license shall indicate the permitted destinations of 5 the person or the permitted purposes for which the person may 6 operate a vehicle, the approved route or routes if specified by 7 the court, and permitted times of travel. 8 (12) Immediately upon acceptance by the court of a plea of 9 guilty or nolo contendere or upon entry of a verdict of guilty 10 for a violation of section 625(1), (3), (4), (5), or (6) or a 11 local ordinance substantially corresponding to section 625(1), 12 (3), or (6), the person shall surrender to the court his or her 13 operator's or chauffeur's license or permit. The court shall 14 immediately destroy the license or permit and forward an abstract 15 of conviction with court-ordered license sanctions to the secre- 16 tary of state. Uponreceipt ofRECEIVING, and pursuant to, the 17 abstract of conviction with court-ordered license sanctions, the 18 secretary of state shall suspend or revoke the person's license 19 and, if ordered by the court and the person is otherwise eligible 20 for a license, issue to the person a restricted license stating 21 the limited driving privileges indicated on the abstract. If the 22 judgment and sentenceisARE appealed to circuit court, the 23 court may ex parte order the secretary of state to stay the sus- 24 pension, revocation, or restricted license issuedpursuant to25 UNDER this section pending the outcome of the appeal. 26 (13) In addition to any other suspension or revocation 27 ordered under this section and as part of the sentence imposed 01560'97 50 1 upon a person who violates section 625(1), (3), (4), or (5) or a 2 local ordinance substantially corresponding to section 625(1) or 3 (3) while operating a commercial motor vehicle, the court shall 4 order the secretary of state to suspend the vehicle group desig- 5 nations on the person's operator's or chauffeur's license in 6 accordance with section 319b(1)(c). If the vehicle was trans- 7 porting hazardous material required to have a placard pursuant to 8 49 C.F.R. parts 100 to 199, the court shall order the secretary 9 of state to suspend the vehicle group designations on the 10 person's operator's or chauffeur's license in accordance with 11 section 319b(1)(d). The court shall not order the secretary of 12 state to issue a restricted license that would permit the person 13 to operate a commercial motor vehicle. 14 (14) In addition to any other suspension or revocation 15 ordered under this section and as part of the sentence imposed 16 upon a personwho isconvicted ofa violation ofVIOLATING 17 section 625(1), (3), (4), or (5) or a local ordinance substan- 18 tially corresponding to section 625(1) or (3) while operating a 19 commercial motor vehicle within 10 years of a prior conviction, 20 the court shall order the secretary of state to revoke the vehi- 21 cle group designations on the person's operator's or chauffeur's 22 license in accordance with section 319b(1)(e). The court shall 23 not order the secretary of state to issue a restricted license 24 that would permit the person to operate a commercial motor 25 vehicle. As used in this subsection, "prior conviction" means a 26 conviction under section 625(1), (3), (4), or (5), former section 27 625(1) or (2), or former section 625b, a local ordinance 01560'97 51 1 substantially corresponding to section 625(1) or (3), former 2 section 625(1) or (2), or former section 625b, or a law of 3 another state substantially corresponding to section 625(1), (3), 4 (4), or (5), former section 625(1) or (2), or former section 625b 5 involving the operation of a commercial motor vehicle, or a con- 6 viction under section 625m, a local ordinance substantially cor- 7 responding to section 625m, or a law of another state substan- 8 tially corresponding to section 625m. 9 (15) As used in this section, "work location" means, as 10 applicable, the specific place or places of employment or the 11 territory or territories regularly visited by the person in pur- 12 suance of the person's occupation, or both. 13 Sec. 625c. (1) A person who operates a vehicle upon a 14 public highway or other place open to the general public or gen- 15 erally accessible to motor vehicles, including an area designated 16 for the parking of vehicles, within this state is considered to 17 have given consent to chemical tests of his or her blood, breath, 18 or urinefor the purpose of determiningTO DETERMINE the amount 19 of alcohol or presence of a controlled substance orboth20 CHEMICAL AGENT in his or her blood or urine or the amount of 21 alcohol in his or her breath in all of the following 22 circumstances: 23 (a)If theTHE person is arrested for a violation of sec- 24 tion 625(1), (3), (4), (5), or (6), section 625a(5), or section 25 625m,or a local ordinance substantially corresponding to sec- 26 tion 625(1), (3), or (6), section 625a(5), or section 625m. 01560'97 52 1 (b)If theTHE person is arrested for felonious driving, 2 negligent homicide, manslaughter, or murder resulting from the 3 operation of a motor vehicle,and the peace officer had rea- 4 sonable grounds to believe the person was operating the vehicle 5 while impaired by or under the influence of intoxicating liquor, 6ora controlled substance, A CHEMICAL AGENT, oraANY combi- 7 nation of intoxicating liquor,anda controlled substance, or A 8 CHEMICAL AGENT, while having an alcohol content of 0.10 grams or 9 more per 100 milliliters of blood, per 210 liters of breath, or 10 per 67 milliliters of urine, or, if the person is less than 21 11 years of age, while having any bodily alcohol content. As used 12 in this subdivision, "any bodily alcohol content" means either of 13 the following: 14 (i) An alcohol content of not less than 0.02 grams or more 15 than 0.07 grams per 100 milliliters of blood, per 210 liters of 16 breath, or per 67 milliliters of urine. 17 (ii) Any presence of alcohol within a person's body result- 18 ing from the consumption of intoxicating liquor, other than con- 19 sumption of intoxicating liquor as part of a generally recognized 20 religious service or ceremony. 21 (2) A person who is afflicted with hemophilia, diabetes, or 22 a condition requiring the use of an anticoagulant under the 23 direction of a physician is not considered to have given consent 24 to the withdrawal of blood. 25 (3) The tests shall be administered as provided in section 26 625a(6). 01560'97 Final page. JOJ