HOUSE BILL No. 4286

 

February 15, 2005, Introduced by Rep. Jones and referred to the Committee on Judiciary.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 319, 319b, 625, 625a, 625i, 625n, and 904d

 

(MCL 257.319, 257.319b, 257.625, 257.625a, 257.625i, 257.625n, and

 

257.904d), section 319 as amended by 2004 PA 362, section 319b as

 

amended by 2004 PA 495, section 625 as amended by 2004 PA 62,

 

sections 625a, 625i, and 904d as amended by 2003 PA 61, and section

 

625n as amended by 1998 PA 349.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 319. (1) The secretary of state shall immediately suspend

 

a person's license as provided in this section upon receiving a

 

record of the person's conviction for a crime described in this

 

section, whether the conviction is under a law of this state, a

 


local ordinance substantially corresponding to a law of this state,

 

or a law of another state substantially corresponding to a law of

 

this state.

 

     (2) The secretary of state shall suspend the person's license

 

for 1 year for any of the following crimes:

 

     (a) Fraudulently altering or forging documents pertaining to

 

motor vehicles in violation of section 257.

 

     (b) A violation of section 413 of the Michigan penal code,

 

1931 PA 328, MCL 750.413.

 

     (c) A violation of section 1 of former 1931 PA 214, MCL

 

752.191, or section 626c.

 

     (d) A felony in which a motor vehicle was used. As used in

 

this section, "felony in which a motor vehicle was used" means a

 

felony during the commission of which the person convicted operated

 

a motor vehicle and while operating the vehicle presented real or

 

potential harm to persons or property and 1 or more of the

 

following circumstances existed:

 

     (i) The vehicle was used as an instrument of the felony.

 

     (ii) The vehicle was used to transport a victim of the felony.

 

     (iii) The vehicle was used to flee the scene of the felony.

 

     (iv) The vehicle was necessary for the commission of the

 

felony.

 

     (e) A violation of section 602a(2) or (3) of this act or

 

section 479a(2) or (3) of the Michigan penal code, 1931 PA 328, MCL

 

750.479a.

 

     (3) The secretary of state shall suspend the person's license

 

for 90 days for any of the following crimes:

 


     (a) Failing to stop and disclose identity at the scene of an

 

accident resulting in injury in violation of section 617a.

 

     (b) A violation of section 601b(2), section 601c(1), section

 

626, or section 653a(3).

 

     (c) Malicious destruction resulting from the operation of a

 

vehicle under section 382(1)(b), (c), or (d) of the Michigan penal

 

code, 1931 PA 328, MCL 750.382.

 

     (d) A violation of section 703(2) of the Michigan liquor

 

control code of 1998, 1998 PA 58, MCL 436.1703.

 

     (4) The secretary of state shall suspend the person's license

 

for 30 days for malicious destruction resulting from the operation

 

of a vehicle under section 382(1)(a) of the Michigan penal code,

 

1931 PA 328, MCL 750.382.

 

     (5) For perjury or making a false certification to the

 

secretary of state under any law requiring the registration of a

 

motor vehicle or regulating the operation of a vehicle on a

 

highway, or for conduct prohibited under section 324(1) or a local

 

ordinance substantially corresponding to section 324(1), the

 

secretary shall suspend the person's license as follows:

 

     (a) If the person has no prior conviction for an offense

 

described in this subsection within 7 years, for 90 days.

 

     (b) If the person has 1 or more prior convictions for an

 

offense described in this subsection within 7 years, for 1 year.

 

     (6) For a violation of section 414 of the Michigan penal code,

 

1931 PA 328, MCL 750.414, the secretary of state shall suspend the

 

person's license as follows:

 

     (a) If the person has no prior conviction for that offense

 


within 7 years, for 90 days.

 

     (b) If the person has 1 or more prior convictions for that

 

offense within 7 years, for 1 year.

 

     (7) For a violation of section 624a or 624b of this act or

 

section 703(1) of the Michigan liquor control code of 1998, 1998 PA

 

58, MCL 436.1703, the secretary of state shall suspend the person's

 

license as follows:

 

     (a) If the person has 1 prior conviction for an offense

 

described in this subsection or section 33b(1) of former 1933 (Ex

 

Sess) PA 8, for 90 days. The secretary of state may issue the

 

person a restricted license after the first 30 days of suspension.

 

     (b) If the person has 2 or more prior convictions for an

 

offense described in this subsection or section 33b(1) of former

 

1933 (Ex Sess) PA 8, for 1 year. The secretary of state may issue

 

the person a restricted license after the first 60 days of

 

suspension.

 

     (8) The secretary of state shall suspend the person's license

 

for a violation of section 625 or 625m as follows:

 

     (a) For 180 days for a violation of section 625(1) 625(1)(a)

 

or (b) or (8) if the person has no prior convictions within 7

 

years. The secretary of state may issue the person a restricted

 

license during a specified portion of the suspension, except that

 

the secretary of state shall not issue a restricted license during

 

the first 30 days of suspension.

 

     (b) For 1 year for a violation of section 625(1)(c) if the

 

person has no prior convictions within 7 years. The secretary of

 

state may issue the person a restricted license during all or a

 


specified portion of the suspension, except that the secretary of

 

state shall not issue a restricted license during the first 90 days

 

of suspension.

 

     (c)  (b)  For 90 days for a violation of section 625(3) if the

 

person has no prior convictions within 7 years. However, if the

 

person is convicted of a violation of section 625(3), for operating

 

a vehicle when, due to the consumption of a controlled substance or

 

a combination of alcoholic liquor and a controlled substance, the

 

person's ability to operate the vehicle was visibly impaired, the

 

secretary of state shall suspend the person's license under this

 

subdivision for 180 days. The secretary of state may issue the

 

person a restricted license during all or a specified portion of

 

the suspension.

 

     (d)  (c)  For 30 days for a violation of section 625(6) if the

 

person has no prior convictions within 7 years. The secretary of

 

state may issue the person a restricted license during all or a

 

specified portion of the suspension.

 

     (e)  (d)  For 90 days for a violation of section 625(6) if the

 

person has 1 or more prior convictions for that offense within 7

 

years.

 

     (f)  (e)  For 180 days for a violation of section 625(7) if

 

the person has no prior convictions within 7 years. The secretary

 

of state may issue the person a restricted license after the first

 

90 days of suspension.

 

     (g)  (f)  For 90 days for a violation of section 625m if the

 

person has no prior convictions within 7 years. The secretary of

 

state may issue the person a restricted license during all or a

 


specified portion of the suspension.

 

     (9) For a violation of section 367c of the Michigan penal

 

code, 1931 PA 328, MCL 750.367c, the secretary of state shall

 

suspend the person's license as follows:

 

     (a) If the person has no prior conviction for an offense

 

described in this subsection within 7 years, for 6 months.

 

     (b) If the person has 1 or more convictions for an offense

 

described in this subsection within 7 years, for 1 year.

 

     (10) For a violation of section 315(4), the secretary of state

 

may suspend the person's license for 6 months.

 

     (11) For a violation or attempted violation of section 411a(2)

 

of the Michigan penal code, 1931 PA 328, MCL 750.411a, involving a

 

school, the secretary of state shall suspend the license of a

 

person 14 years of age or over but less than 21 years of age until

 

3 years after the date of the conviction or juvenile disposition

 

for the violation. The secretary of state may issue the person a

 

restricted license after the first 365 days of suspension.

 

     (12) Except as provided in subsection (14), a suspension under

 

this section shall be imposed notwithstanding a court order unless

 

the court order complies with section 323.

 

     (13) If the secretary of state receives records of more than 1

 

conviction of a person resulting from the same incident, a

 

suspension shall be imposed only for the violation to which the

 

longest period of suspension applies under this section.

 

     (14) The secretary of state may waive a restriction,

 

suspension, or revocation of a person's license imposed under this

 

act if the person submits proof that a court in another state

 


revoked, suspended, or restricted his or her license for a period

 

equal to or greater than the period of a restriction, suspension,

 

or revocation prescribed under this act for the violation and that

 

the revocation, suspension, or restriction was served for the

 

violation, or may grant a restricted license.

 

     (15) The secretary of state shall not issue a restricted

 

license to a person whose license is suspended under this section

 

unless a restricted license is authorized under this section and

 

the person is otherwise eligible for a license.

 

     (16) The secretary of state shall not issue a restricted

 

license to a person under subsection (8) that would permit the

 

person to operate a commercial motor vehicle.

 

     (17) A restricted license issued under this section shall

 

permit the person to whom it is issued to take any driving skills

 

test required by the secretary of state and to drive under 1 or

 

more of the following circumstances:

 

     (a) In the course of the person's employment or occupation.

 

     (b) To and from any combination of the following:

 

     (i) The person's residence.

 

     (ii) The person's work location.

 

     (iii) An alcohol or drug education or treatment program as

 

ordered by the court.

 

     (iv) The court probation department.

 

     (v) A court-ordered community service program.

 

     (vi) An educational institution at which the person is enrolled

 

as a student.

 

     (vii) A place of regularly occurring medical treatment for a

 


serious condition for the person or a member of the person's

 

household or immediate family.

 

     (18) While driving with a restricted license, the person shall

 

carry proof of his or her destination and the hours of any

 

employment, class, or other reason for traveling and shall display

 

that proof upon a peace officer's request.

 

     (19) Subject to subsection (21), as used in subsection (8),

 

"prior conviction" means a conviction for any of the following,

 

whether under a law of this state, a local ordinance substantially

 

corresponding to a law of this state, or a law of another state

 

substantially corresponding to a law of this state:

 

     (a) Except as provided in subsection (20), a violation or

 

attempted violation of any of the following:

 

     (i) Section 625, except a violation of section 625(2), or a

 

violation of any prior enactment of section 625 in which the

 

defendant operated a vehicle while under the influence of

 

intoxicating or alcoholic liquor or a controlled substance, or a

 

combination of intoxicating or alcoholic liquor and a controlled

 

substance, or while visibly impaired, or with an unlawful bodily

 

alcohol content.

 

     (ii) Section 625m.

 

     (iii) Former section 625b.

 

     (b) Negligent homicide, manslaughter, or murder resulting from

 

the operation of a vehicle or an attempt to commit any of those

 

crimes.

 

     (20) Except for purposes of the suspensions described in

 

subsection (8)(c) and (d), only 1 violation or attempted violation

 


of section 625(6), a local ordinance substantially corresponding to

 

section 625(6), or a law of another state substantially

 

corresponding to section 625(6) may be used as a prior conviction.

 

     (21) If 2 or more convictions described in subsection (19) are

 

convictions for violations arising out of the same transaction,

 

only 1 conviction shall be used to determine whether the person has

 

a prior conviction.

 

     Sec. 319b. (1) The secretary of state shall immediately

 

suspend or revoke, as applicable, all vehicle group designations on

 

the operator's or chauffeur's license of a person upon receiving

 

notice of a conviction, bond forfeiture, or civil infraction

 

determination of the person, or notice that a court or

 

administrative tribunal has found the person responsible, for a

 

violation described in this subsection of a law of this state, a

 

local ordinance substantially corresponding to a law of this state

 

while the person was operating a commercial motor vehicle, or a law

 

of another state substantially corresponding to a law of this

 

state, or notice that the person has refused to submit to a

 

chemical test of his or her blood, breath, or urine for the purpose

 

of determining the amount of alcohol or presence of a controlled

 

substance or both in the person's blood, breath, or urine while the

 

person was operating a commercial motor vehicle as required by a

 

law or local ordinance of this or another state. The period of

 

suspension or revocation is as follows:

 

     (a) Suspension for 60 days if the person is convicted of or

 

found responsible for 1 of the following while operating a

 

commercial motor vehicle:

 


     (i) Two serious traffic violations arising from separate

 

incidents within 36 months.

 

     (ii) A violation of section 667, 668, 669, or 669a.

 

     (iii) A violation of motor carrier safety regulations 49 CFR

 

392.10 or 392.11, as adopted by section 1a of the motor carrier

 

safety act of 1963, 1963 PA 181, MCL 480.11a.

 

     (iv) A violation of section 57 of the pupil transportation act,

 

1990 PA 187, MCL 257.1857.

 

     (v) A violation of motor carrier safety regulations 49 CFR

 

392.10 or 392.11, as adopted by section 31 of the motor bus

 

transportation act, 1982 PA 432, MCL 474.131.

 

     (vi) A violation of motor carrier safety regulations 49 CFR

 

392.10 or 392.11 while operating a commercial motor vehicle other

 

than a vehicle covered under subparagraph (iii), (iv), or (v).

 

     (b) Suspension for 120 days if the person is convicted of or

 

found responsible for 1 of the following arising from separate

 

incidents within 36 months while operating a commercial motor

 

vehicle:

 

     (i) Three serious traffic violations.

 

     (ii) Any combination of 2 violations described in subdivision

 

(a)(ii).

 

     (c) Suspension for 1 year if the person is convicted of or

 

found responsible for 1 of the following:

 

     (i) A violation of section  625(1) 625(1)(a) or (b), (3), (4),

 

(5), (6), (7), or (8), section 625m, or former section 625(1) or

 

(2), or former section 625b, while operating a commercial motor

 

vehicle.

 


     (ii) Leaving the scene of an accident involving a commercial

 

motor vehicle operated by the person.

 

     (iii) A felony in which a commercial motor vehicle was used.

 

     (iv) A refusal of a peace officer's request to submit to a

 

chemical test of his or her blood, breath, or urine to determine

 

the amount of alcohol or presence of a controlled substance or both

 

in his or her blood, breath, or urine while he or she was operating

 

a commercial motor vehicle as required by a law or local ordinance

 

of this state or another state.

 

     (v) Operating a commercial motor vehicle in violation of a

 

suspension, revocation, denial, or cancellation that was imposed

 

for previous violations committed while operating a commercial

 

motor vehicle.

 

     (vi) Causing a fatality through the negligent or criminal

 

operation of a commercial motor vehicle, including, but not limited

 

to, the crimes of motor vehicle manslaughter, motor vehicle

 

homicide, and negligent homicide.

 

     (vii) A 6-point violation as provided in section 320a while

 

operating a commercial motor vehicle.

 

     (viii) Any combination of 3 violations described in subdivision

 

(a)(ii) arising from separate incidents within 36 months while

 

operating a commercial motor vehicle.

 

     (d) Suspension for 3 years if the person is convicted of or

 

found responsible for an  any of the following:

 

     (i) An offense enumerated in subdivision (c)(i) to (vii) in which

 

a commercial motor vehicle was used if the vehicle was carrying

 

hazardous material required to have a placard pursuant to 49 CFR

 


parts 100 to 199.

 

     (ii) A violation of section 625(1)(c), while operating a

 

commercial motor vehicle.

 

     (e) Revocation for life, but with eligibility after not less

 

than 10 years and until the person is approved by the secretary of

 

state for the issuance of a vehicle group designation if the person

 

is convicted of or found responsible for 1 of the following:

 

     (i) Any combination of 2 violations arising from 2 or more

 

separate incidents under section 625(1), (3), (4), (5), (6), (7),

 

or (8), section 625m, or former section 625(1) or (2), or former

 

section 625b, while driving a commercial motor vehicle.

 

     (ii) Two violations of leaving the scene of an accident

 

involving a commercial motor vehicle operated by the licensee.

 

     (iii) Two violations of a felony in which a commercial motor

 

vehicle was used.

 

     (iv) Two refusals of a request of a police officer to submit to

 

a chemical test of his or her blood, breath, or urine for the

 

purpose of determining the amount of alcohol or presence of a

 

controlled substance or both in his or her blood while he or she

 

was operating a commercial motor vehicle in this state or another

 

state, which refusals occurred in separate incidents.

 

     (v) Two violations of operating a commercial motor vehicle in

 

violation of a suspension, revocation, denial, or cancellation that

 

was imposed for previous violations committed while operating a

 

commercial motor vehicle.

 

     (vi) Two violations of causing a fatality through the negligent

 

or criminal operation of a commercial motor vehicle, including, but

 


not limited to, the crimes of motor vehicle manslaughter, motor

 

vehicle homicide, and negligent homicide.

 

     (vii) Two 6-point violations as provided in section 320a while

 

operating a commercial motor vehicle.

 

     (viii) Two violations, in any combination, of the offenses

 

enumerated under subparagraph (i), (ii), (iii), (iv), or (v) arising

 

from 2 or more separate incidents.

 

     (f) Revocation for life if a person is convicted of or found

 

responsible for any of the following:

 

     (i) One violation of a felony in which a commercial motor

 

vehicle was used and that involved the manufacture, distribution,

 

or dispensing of a controlled substance or possession with intent

 

to manufacture, distribute, or dispense a controlled substance.

 

     (ii) A conviction of any offense described in subdivision (c)

 

or (d) after having been approved for the issuance of a vehicle

 

group designation under subdivision (e).

 

     (iii) A conviction of a violation of chapter LXXXIII-A of the

 

Michigan penal code, 1931 PA 328, MCL 750.543a to 750.543z.

 

     (2) The secretary of state shall immediately revoke for life

 

the hazardous material indorsement (H vehicle indorsement) on the

 

operator's or chauffeur's license of a person with a vehicle group

 

designation upon receiving notice from the U.S. department of

 

transportation that the person poses a security risk warranting

 

denial under the uniting and strengthening America by providing

 

appropriate tools required to intercept and obstruct terrorism (USA

 

PATRIOT ACT) act of 2001, Public Law 107-56. , 115 Stat. 272.

 

     (3) The secretary of state shall immediately suspend all

 


vehicle group designations on the operator's or chauffeur's license

 

of a person upon receiving notice of a conviction, bond forfeiture,

 

or civil infraction determination of the person, or notice that a

 

court or administrative tribunal has found the person responsible,

 

for a violation of section 319d(4) or 319f, a local ordinance

 

substantially corresponding to section 319d(4) or 319f, or a law or

 

local ordinance of another state, the United States, Canada,

 

Mexico, or a local jurisdiction of either of these countries

 

substantially corresponding to section 319d(4) or 319f, while

 

operating a commercial motor vehicle. The period of suspension or

 

revocation is as follows:

 

     (a) Suspension for 90 days if the person is convicted of or

 

found responsible for a violation of section 319d(4) or 319f while

 

operating a commercial motor vehicle.

 

     (b) Suspension for 180 days if the person is convicted of or

 

found responsible for a violation of section 319d(4) or 319f while

 

operating a commercial motor vehicle that is either carrying

 

hazardous material required to have a placard pursuant to 49 CFR

 

parts 100 to 199 or designed to carry 16 or more passengers,

 

including the driver.

 

     (c) Suspension for 1 year if the person is convicted of or

 

found responsible for 2 violations, in any combination, of section

 

319d(4) or 319f while operating a commercial motor vehicle arising

 

from 2 or more separate incidents during a 10-year period.

 

     (d) Suspension for 3 years if the person is convicted of or

 

found responsible for 3 or more violations, in any combination, of

 

section 319d(4) or 319f while operating a commercial motor vehicle

 


arising from 3 or more separate incidents during a 10-year period.

 

     (e) Suspension for 3 years if the person is convicted of or

 

found responsible for 2 or more violations, in any combination, of

 

section 319d(4) or 319f while operating a commercial motor vehicle

 

carrying hazardous material required to have a placard pursuant to

 

49 CFR parts 100 to 199, or designed to carry 16 or more

 

passengers, including the driver, arising from 2 or more separate

 

incidents during a 10-year period.

 

     (4) As used in this section:

 

     (a) "Felony in which a commercial motor vehicle was used"

 

means a felony during the commission of which the person convicted

 

operated a commercial motor vehicle and while the person was

 

operating the vehicle 1 or more of the following circumstances

 

existed:

 

     (i) The vehicle was used as an instrument of the felony.

 

     (ii) The vehicle was used to transport a victim of the felony.

 

     (iii) The vehicle was used to flee the scene of the felony.

 

     (iv) The vehicle was necessary for the commission of the

 

felony.

 

     (b) "Serious traffic violation" means any of the following:

 

     (i) A traffic violation that occurs in connection with an

 

accident in which a person died.

 

     (ii) Careless driving.

 

     (iii) Excessive speeding as defined in regulations promulgated

 

under 49 USC 31301 to 31317.

 

     (iv) Improper lane use.

 

     (v) Following too closely.

 


     (vi) Driving a commercial motor vehicle without obtaining any

 

vehicle group designation on the person's license.

 

     (vii) Driving a commercial motor vehicle without an operator's

 

or chauffeur's license in possession. However, a person who, not

 

later than the date by which the person must appear in court or pay

 

any fine for a violation, provides proof to the court that the

 

person held a valid vehicle group designation and indorsement on

 

the date the citation was issued, is not guilty of this offense.

 

     (viii) Driving a commercial motor vehicle while in possession of

 

an operator's or chauffeur's license that has a vehicle group

 

designation but does not have the appropriate vehicle group

 

designation or indorsement required for the specific vehicle group

 

being operated or the passengers or type of cargo being

 

transported.

 

     (ix) Any other serious traffic violation as defined in 49 CFR

 

383.5 or as prescribed under this act.

 

     (5) For the purpose of this section only, a bond forfeiture or

 

a determination by a court of original jurisdiction or an

 

authorized administrative tribunal that a person has violated the

 

law is considered a conviction.

 

     (6) The secretary of state shall suspend or revoke a vehicle

 

group designation under subsection (1) notwithstanding a

 

suspension, restriction, revocation, or denial of an operator's or

 

chauffeur's license or vehicle group designation under another

 

section of this act or a court order issued under another section

 

of this act or a local ordinance substantially corresponding to

 

another section of this act.

 


     (7) Effective October 1, 2005, a conviction, bond forfeiture,

 

or civil infraction determination, or notice that a court or

 

administrative tribunal has found a person responsible for a

 

violation described in this subsection while the person was

 

operating a noncommercial motor vehicle counts against the person

 

who holds a license to operate a commercial motor vehicle the same

 

as if the person had been operating a commercial motor vehicle at

 

the time of the violation. For the purpose of this subsection, a

 

noncommercial motor vehicle does not include a recreational vehicle

 

used off-road. This subsection applies to the following state law

 

violations and to a local ordinance substantially corresponding to

 

any of those violations or a law of another state or out-of-state

 

jurisdiction substantially corresponding to any of those

 

violations:

 

     (a) Operating a vehicle in violation of section 625.

 

     (b) Suspension for a refusal to submit to a chemical test of

 

his or her blood, breath, or urine for the purpose of determining

 

the amount of alcohol or the presence of a controlled substance or

 

both in the person's blood, breath, or urine as required by a law

 

or local ordinance of this or another state.

 

     (c) Leaving the scene of an accident.

 

     (d) Using a vehicle to commit a felony.

 

     (8) When determining the applicability of conditions listed in

 

this section, the secretary of state shall only consider violations

 

that occurred after January 1, 1990.

 

     (9) When determining the applicability of conditions listed in

 

subsection (1)(a) or (b), the secretary of state shall only count

 


from incident date to incident date.

 

     Sec. 625. (1) A person, whether licensed or not, shall not

 

operate a vehicle upon a highway or other place open to the general

 

public or generally accessible to motor vehicles, including an area

 

designated for the parking of vehicles, within this state if the

 

person is operating while intoxicated. As used in this section,

 

"operating while intoxicated" means either of the following

 

applies:

 

     (a) The person is under the influence of alcoholic liquor, a

 

controlled substance, or a combination of alcoholic liquor and a

 

controlled substance.

 

     (b) The person has an alcohol content of 0.08 grams or more

 

per 100 milliliters of blood, per 210 liters of breath, or per 67

 

milliliters of urine, or, beginning October 1, 2013, the person has

 

an alcohol content of 0.10 grams or more but less than 0.20 grams

 

per 100 milliliters of blood, per 210 liters of breath, or per 67

 

milliliters of urine.

 

     (c) The person has an alcohol content of 0.20 grams or more

 

per 100 milliliters of blood, per 210 liters of breath, or per 67

 

milliliters of urine.

 

     (2) The owner of a vehicle or a person in charge or in control

 

of a vehicle shall not authorize or knowingly permit the vehicle to

 

be operated upon a highway or other place open to the general

 

public or generally accessible to motor vehicles, including an area

 

designated for the parking of motor vehicles, within this state by

 

a person if any of the following apply:

 

     (a) The person is under the influence of alcoholic liquor, a

 


controlled substance, or a combination of alcoholic liquor and a

 

controlled substance.

 

     (b) The person has an alcohol content of 0.08 grams or more

 

per 100 milliliters of blood, per 210 liters of breath, or per 67

 

milliliters of urine or, beginning October 1, 2013, the person has

 

an alcohol content of 0.10 grams or more per 100 milliliters of

 

blood, per 210 liters of breath, or per 67 milliliters of urine.

 

     (c) The person's ability to operate the motor vehicle is

 

visibly impaired due to the consumption of alcoholic liquor, a

 

controlled substance, or a combination of alcoholic liquor and a

 

controlled substance.

 

     (3) A person, whether licensed or not, shall not operate a

 

vehicle upon a highway or other place open to the general public or

 

generally accessible to motor vehicles, including an area

 

designated for the parking of vehicles, within this state when, due

 

to the consumption of alcoholic liquor, a controlled substance, or

 

a combination of alcoholic liquor and a controlled substance, the

 

person's ability to operate the vehicle is visibly impaired. If a

 

person is charged with violating subsection (1), a finding of

 

guilty under this subsection may be rendered.

 

     (4) A person, whether licensed or not, who operates a motor

 

vehicle in violation of subsection (1), (3), or (8) and by the

 

operation of that motor vehicle causes the death of another person

 

is guilty of a crime as follows:

 

     (a) Except as provided in subdivision (b), the person is

 

guilty of a felony punishable by imprisonment for not more than 15

 

years or a fine of not less than $2,500.00 or more than $10,000.00,

 


or both. The judgment of sentence may impose the sanction permitted

 

under section 625n. If the vehicle is not ordered forfeited under

 

section 625n, the court shall order vehicle immobilization under

 

section 904d in the judgment of sentence.

 

     (b) If, at the time of the violation, the person is operating

 

a motor vehicle in a manner proscribed under section 653a and

 

causes the death of a police officer, firefighter, or other

 

emergency response personnel, the person is guilty of a felony

 

punishable by imprisonment for not more than 20 years or a fine of

 

not less than $2,500.00 or more than $10,000.00, or both. This

 

subdivision applies regardless of whether the person is charged

 

with the violation of section 653a. The judgment of sentence may

 

impose the sanction permitted under section 625n. If the vehicle is

 

not ordered forfeited under section 625n, the court shall order

 

vehicle immobilization under section 904d in the judgment of

 

sentence.

 

     (5) A person, whether licensed or not, who operates a motor

 

vehicle in violation of subsection (1), (3), or (8) and by the

 

operation of that motor vehicle causes a serious impairment of a

 

body function of another person is guilty of a felony punishable by

 

imprisonment for not more than 5 years or a fine of not less than

 

$1,000.00 or more than $5,000.00, or both. The judgment of sentence

 

may impose the sanction permitted under section 625n. If the

 

vehicle is not ordered forfeited under section 625n, the court

 

shall order vehicle immobilization under section 904d in the

 

judgment of sentence.

 

     (6) A person who is less than 21 years of age, whether

 


licensed or not, shall not operate a vehicle upon a highway or

 

other place open to the general public or generally accessible to

 

motor vehicles, including an area designated for the parking of

 

vehicles, within this state if the person has any bodily alcohol

 

content. As used in this subsection, "any bodily alcohol content"

 

means either of the following:

 

     (a) An alcohol content of 0.02 grams or more but less than

 

0.08 grams per 100 milliliters of blood, per 210 liters of breath,

 

or per 67 milliliters of urine, or, beginning October 1, 2013, the

 

person has an alcohol content of 0.02 grams or more but less than

 

0.10 grams per 100 milliliters of blood, per 210 liters of breath,

 

or per 67 milliliters of urine.

 

     (b) Any presence of alcohol within a person's body resulting

 

from the consumption of alcoholic liquor, other than consumption of

 

alcoholic liquor as a part of a generally recognized religious

 

service or ceremony.

 

     (7) A person, whether licensed or not, is subject to the

 

following requirements:

 

     (a) He or she shall not operate a vehicle in violation of

 

subsection (1), (3), (4), (5), or (8) while another person who is

 

less than 16 years of age is occupying the vehicle. A person who

 

violates this subdivision is guilty of a crime punishable as

 

follows:

 

     (i) Except as provided in subparagraph (ii), a person who

 

violates this subdivision is guilty of a misdemeanor and shall be

 

sentenced to pay a fine of not less than $200.00 or more than

 

$1,000.00 and to 1 or more of the following:

 


     (A) Imprisonment for not less than 5 days or more than 1 year.

 

Not less than 48 hours of this imprisonment shall be served

 

consecutively. This term of imprisonment shall not be suspended.

 

     (B) Community service for not less than 30 days or more than

 

90 days.

 

     (ii) If the violation occurs within 7 years of a prior

 

conviction or within 10 years of 2 or more prior convictions, a

 

person who violates this subdivision is guilty of a felony and

 

shall be sentenced to pay a fine of not less than $500.00 or more

 

than $5,000.00 and to either of the following:

 

     (A) Imprisonment under the jurisdiction of the department of

 

corrections for not less than 1 year or more than 5 years.

 

     (B) Probation with imprisonment in the county jail for not

 

less than 30 days or more than 1 year and community service for not

 

less than 60 days or more than 180 days. Not less than 48 hours of

 

this imprisonment shall be served consecutively. This term of

 

imprisonment shall not be suspended.

 

     (b) He or she shall not operate a vehicle in violation of

 

subsection (6) while another person who is less than 16 years of

 

age is occupying the vehicle. A person who violates this

 

subdivision is guilty of a misdemeanor punishable as follows:

 

     (i) Except as provided in subparagraph (ii), a person who

 

violates this subdivision may be sentenced to 1 or more of the

 

following:

 

     (A) Community service for not more than 60 days.

 

     (B) A fine of not more than $500.00.

 

     (C) Imprisonment for not more than 93 days.

 


     (ii) If the violation occurs within 7 years of a prior

 

conviction or within 10 years of 2 or more prior convictions, a

 

person who violates this subdivision shall be sentenced to pay a

 

fine of not less than $200.00 or more than $1,000.00 and to 1 or

 

more of the following:

 

     (A) Imprisonment for not less than 5 days or more than 1 year.

 

Not less than 48 hours of this imprisonment shall be served

 

consecutively. This term of imprisonment shall not be suspended.

 

     (B) Community service for not less than 30 days or more than

 

90 days.

 

     (c) In the judgment of sentence under subdivision (a)(i) or

 

(b)(i), the court may, unless the vehicle is ordered forfeited under

 

section 625n, order vehicle immobilization as provided in section

 

904d. In the judgment of sentence under subdivision (a)(ii) or

 

(b)(ii), the court shall, unless the vehicle is ordered forfeited

 

under section 625n, order vehicle immobilization as provided in

 

section 904d.

 

     (d) This subsection does not prohibit a person from being

 

charged with, convicted of, or punished for a violation of

 

subsection (4) or (5) that is committed by the person while

 

violating this subsection. However, points shall not be assessed

 

under section 320a for both a violation of subsection (4) or (5)

 

and a violation of this subsection for conduct arising out of the

 

same transaction.

 

     (8) A person, whether licensed or not, shall not operate a

 

vehicle upon a highway or other place open to the general public or

 

generally accessible to motor vehicles, including an area

 


designated for the parking of vehicles, within this state if the

 

person has in his or her body any amount of a controlled substance

 

listed in schedule 1 under section 7212 of the public health code,

 

1978 PA 368, MCL 333.7212, or a rule promulgated under that

 

section, or of a controlled substance described in section

 

7214(a)(iv) of the public health code, 1978 PA 368, MCL 333.7214.

 

     (9) If a person is convicted of violating subsection (1)

 

(1)(a) or (b) or (8), all of the following apply:

 

     (a) Except as otherwise provided in subdivisions (b) and (c),

 

the person is guilty of a misdemeanor punishable by 1 or more of

 

the following:

 

     (i) Community service for not more than 360 hours.

 

     (ii) Imprisonment for not more than 93 days.

 

     (iii) A fine of not less than $100.00 or more than $500.00.

 

     (b) If the violation occurs within 7 years of a prior

 

conviction, the person shall be sentenced to pay a fine of not less

 

than $200.00 or more than $1,000.00 and 1 or more of the following:

 

     (i) Imprisonment for not less than 5 days or more than 1 year.

 

Not less than 48 hours of the term of imprisonment imposed under

 

this subparagraph shall be served consecutively.

 

     (ii) Community service for not less than 30 days or more than

 

90 days.

 

     (c) If the violation occurs within 10 years of 2 or more prior

 

convictions, the person is guilty of a felony and shall be

 

sentenced to pay a fine of not less than $500.00 or more than

 

$5,000.00 and to either of the following:

 

     (i) Imprisonment under the jurisdiction of the department of

 


corrections for not less than 1 year or more than 5 years.

 

     (ii) Probation with imprisonment in the county jail for not

 

less than 30 days or more than 1 year and community service for not

 

less than 60 days or more than 180 days. Not less than 48 hours of

 

the imprisonment imposed under this subparagraph shall be served

 

consecutively.

 

     (d) Except as otherwise provided in subdivisions (e) and (f),

 

a person who violates subsection (1)(c) is guilty of a misdemeanor

 

punishable by 1 or more of the following:

 

     (i) Community service for not more than 90 days.

 

     (ii) Imprisonment for not more than 180 days.

 

     (iii) A fine of not less than $200.00 or more than $1,000.00.

 

     (e) If the violation occurs within 7 years of a prior

 

conviction, the person is guilty of a felony and shall be sentenced

 

to pay a fine of not less than $400.00 or more than $2,000.00 and 1

 

or more of the following:

 

     (i) Imprisonment for not less than 2 years or more than 7

 

years.

 

     (ii) Community service for not less than 60 days or more than

 

180 days.

 

     (f) If the violation occurs within 10 years of 2 or more prior

 

convictions, the person is guilty of a felony and shall be

 

sentenced to pay a fine of not less than $1,000.00 or more than

 

$10,000.00 and to imprisonment under the jurisdiction of the

 

department of corrections for not less than 2 years or more than 10

 

years.

 

     (g)  (d)  A term of imprisonment imposed under subdivision (b)

 


(b)(i), (c), (e), or (c) (f) shall not be suspended.

 

     (h)  (e)  In the judgment of sentence under subdivision (a) or

 

(d), the court may order vehicle immobilization as provided in

 

section 904d. In the judgment of sentence under subdivision (b), or

 

(c), (e), or (f), the court shall, unless the vehicle is ordered

 

forfeited under section 625n, order vehicle immobilization as

 

provided in section 904d.

 

     (i)  (f)  In the judgment of sentence under subdivision (b),

 

or  (c), (d), (e), or (f), the court may impose the sanction

 

permitted under section 625n.

 

     (10) A person who is convicted of violating subsection (2) is

 

guilty of a crime as follows:

 

     (a) Except as provided in subdivisions (b) and (c), a

 

misdemeanor punishable by imprisonment for not more than 93 days or

 

a fine of not less than $100.00 or more than $500.00, or both.

 

     (b) If the person operating the motor vehicle violated

 

subsection (4), a felony punishable by imprisonment for not more

 

than 5 years or a fine of not less than $1,500.00 or more than

 

$10,000.00, or both.

 

     (c) If the person operating the motor vehicle violated

 

subsection (5), a felony punishable by imprisonment for not more

 

than 2 years or a fine of not less than $1,000.00 or more than

 

$5,000.00, or both.

 

     (11) If a person is convicted of violating subsection (3), all

 

of the following apply:

 

     (a) Except as otherwise provided in subdivisions (b) and (c),

 

the person is guilty of a misdemeanor punishable by 1 or more of

 


the following:

 

     (i) Community service for not more than 360 hours.

 

     (ii) Imprisonment for not more than 93 days.

 

     (iii) A fine of not more than $300.00.

 

     (b) If the violation occurs within 7 years of 1 prior

 

conviction, the person shall be sentenced to pay a fine of not less

 

than $200.00 or more than $1,000.00, and 1 or more of the

 

following:

 

     (i) Imprisonment for not less than 5 days or more than 1 year.

 

Not less than 48 hours of the term of imprisonment imposed under

 

this subparagraph shall be served consecutively.

 

     (ii) Community service for not less than 30 days or more than

 

90 days.

 

     (c) If the violation occurs within 10 years of 2 or more prior

 

convictions, the person is guilty of a felony and shall be

 

sentenced to pay a fine of not less than $500.00 or more than

 

$5,000.00 and either of the following:

 

     (i) Imprisonment under the jurisdiction of the department of

 

corrections for not less than 1 year or more than 5 years.

 

     (ii) Probation with imprisonment in the county jail for not

 

less than 30 days or more than 1 year and community service for not

 

less than 60 days or more than 180 days. Not less than 48 hours of

 

the imprisonment imposed under this subparagraph shall be served

 

consecutively.

 

     (d) A term of imprisonment imposed under subdivision (b) or

 

(c) shall not be suspended.

 

     (e) In the judgment of sentence under subdivision (a), the

 


court may order vehicle immobilization as provided in section 904d.

 

In the judgment of sentence under subdivision (b) or (c), the court

 

shall, unless the vehicle is ordered forfeited under section 625n,

 

order vehicle immobilization as provided in section 904d.

 

     (f) In the judgment of sentence under subdivision (b) or (c),

 

the court may impose the sanction permitted under section 625n.

 

     (12) If a person is convicted of violating subsection (6), all

 

of the following apply:

 

     (a) Except as otherwise provided in subdivision (b), the

 

person is guilty of a misdemeanor punishable by 1 or both of the

 

following:

 

     (i) Community service for not more than 360 hours.

 

     (ii) A fine of not more than $250.00.

 

     (b) If the violation occurs within 7 years of 1 or more prior

 

convictions, the person may be sentenced to 1 or more of the

 

following:

 

     (i) Community service for not more than 60 days.

 

     (ii) A fine of not more than $500.00.

 

     (iii) Imprisonment for not more than 93 days.

 

     (13) In addition to imposing the sanctions prescribed under

 

this section, the court may order the person to pay the costs of

 

the prosecution under the code of criminal procedure, 1927 PA 175,

 

MCL 760.1 to 777.69.

 

     (14) A person sentenced to perform community service under

 

this section shall not receive compensation and shall reimburse the

 

state or appropriate local unit of government for the cost of

 

supervision incurred by the state or local unit of government as a

 


result of the person's activities in that service.

 

     (15) If the prosecuting attorney intends to seek an enhanced

 

sentence under this section or a sanction under section 625n based

 

upon the defendant having 1 or more prior convictions, the

 

prosecuting attorney shall include on the complaint and

 

information, or an amended complaint and information, filed in

 

district court, circuit court, municipal court, or family division

 

of circuit court, a statement listing the defendant's prior

 

convictions.

 

     (16) If a person is charged with a violation of subsection

 

(1), (3), (4), (5), (7), or (8) or section 625m, the court shall

 

not permit the defendant to enter a plea of guilty or nolo

 

contendere to a charge of violating subsection (6) in exchange for

 

dismissal of the original charge. This subsection does not prohibit

 

the court from dismissing the charge upon the prosecuting

 

attorney's motion.

 

     (17) A prior conviction shall be established at sentencing by

 

1 or more of the following:

 

     (a) An abstract of conviction.

 

     (b) A copy of the defendant's driving record.

 

     (c) An admission by the defendant.

 

     (18) Except as otherwise provided in subsection (20), if a

 

person is charged with operating a vehicle while under the

 

influence of a controlled substance or a combination of alcoholic

 

liquor and a controlled substance in violation of subsection (1) or

 

a local ordinance substantially corresponding to subsection (1),

 

the court shall require the jury to return a special verdict in the

 


form of a written finding or, if the court convicts the person

 

without a jury or accepts a plea of guilty or nolo contendere, the

 

court shall make a finding as to whether the person was under the

 

influence of a controlled substance or a combination of alcoholic

 

liquor and a controlled substance at the time of the violation.

 

     (19) Except as otherwise provided in subsection (20), if a

 

person is charged with operating a vehicle while his or her ability

 

to operate the vehicle was visibly impaired due to his or her

 

consumption of a controlled substance or a combination of alcoholic

 

liquor and a controlled substance in violation of subsection (3) or

 

a local ordinance substantially corresponding to subsection (3),

 

the court shall require the jury to return a special verdict in the

 

form of a written finding or, if the court convicts the person

 

without a jury or accepts a plea of guilty or nolo contendere, the

 

court shall make a finding as to whether, due to the consumption of

 

a controlled substance or a combination of alcoholic liquor and a

 

controlled substance, the person's ability to operate a motor

 

vehicle was visibly impaired at the time of the violation.

 

     (20) A special verdict described in subsections (18) and (19)

 

is not required if a jury is instructed to make a finding solely as

 

to either of the following:

 

     (a) Whether the defendant was under the influence of a

 

controlled substance or a combination of alcoholic liquor and a

 

controlled substance at the time of the violation.

 

     (b) Whether the defendant was visibly impaired due to his or

 

her consumption of a controlled substance or a combination of

 

alcoholic liquor and a controlled substance at the time of the

 


violation.

 

     (21) If a jury or court finds under subsection (18), (19), or

 

(20) that the defendant operated a motor vehicle under the

 

influence of or while impaired due to the consumption of a

 

controlled substance or a combination of a controlled substance and

 

an alcoholic liquor, the court shall do both of the following:

 

     (a) Report the finding to the secretary of state.

 

     (b) On a form or forms prescribed by the state court

 

administrator, forward to the department of state police a record

 

that specifies the penalties imposed by the court, including any

 

term of imprisonment, and any sanction imposed under section 625n

 

or 904d.

 

     (22) Except as otherwise provided by law, a record described

 

in subsection (21)(b) is a public record and the department of

 

state police shall retain the information contained on that record

 

for not less than 7 years.

 

     (23) In a prosecution for a violation of subsection (6), the

 

defendant bears the burden of proving that the consumption of

 

alcoholic liquor was a part of a generally recognized religious

 

service or ceremony by a preponderance of the evidence.

 

     (24) The court may order as a condition of probation that a

 

person convicted of violating subsection (1) or (8), or a local

 

ordinance substantially corresponding to subsection (1) or (8),

 

shall not operate a motor vehicle unless that vehicle is equipped

 

with an ignition interlock device approved, certified, and

 

installed as required under sections 625k and 625l.

 

     (25) Subject to subsection (27), as used in this section,

 


"prior conviction" means a conviction for any of the following,

 

whether under a law of this state, a local ordinance substantially

 

corresponding to a law of this state, or a law of another state

 

substantially corresponding to a law of this state:

 

     (a) Except as provided in subsection (26), a violation or

 

attempted violation of any of the following:

 

     (i) This section, except a violation of section 625(2), or a

 

violation of any prior enactment of this section in which the

 

defendant operated a vehicle while under the influence of

 

intoxicating or alcoholic liquor or a controlled substance, or a

 

combination of intoxicating or alcoholic liquor and a controlled

 

substance, or while visibly impaired, or with an unlawful bodily

 

alcohol content.

 

     (ii) Section 625m.

 

     (iii) Former section 625b.

 

     (b) Negligent homicide, manslaughter, or murder resulting from

 

the operation of a vehicle or an attempt to commit any of those

 

crimes.

 

     (26) Except for purposes of the enhancement described in

 

subsection (12)(b), only 1 violation or attempted violation of

 

subsection (6), a local ordinance substantially corresponding to

 

subsection (6), or a law of another state substantially

 

corresponding to subsection (6) may be used as a prior conviction.

 

     (27) If 2 or more convictions described in subsection (25) are

 

convictions for violations arising out of the same transaction,

 

only 1 conviction shall be used to determine whether the person has

 

a prior conviction.

 


     Sec. 625a. (1) A peace officer may arrest a person without a

 

warrant under either of the following circumstances:

 

     (a) The peace officer has reasonable cause to believe the

 

person was, at the time of an accident in this state, the operator

 

of a vehicle involved in the accident and was operating the vehicle

 

in violation of section 625 or a local ordinance substantially

 

corresponding to section 625.

 

     (b) The person is found in the driver's seat of a vehicle

 

parked or stopped on a highway or street within this state if any

 

part of the vehicle intrudes into the roadway and the peace officer

 

has reasonable cause to believe the person was operating the

 

vehicle in violation of section 625 or a local ordinance

 

substantially corresponding to section 625.

 

     (2) A peace officer who has reasonable cause to believe that a

 

person was operating a vehicle upon a public highway or other place

 

open to the public or generally accessible to motor vehicles,

 

including an area designated for the parking of vehicles, within

 

this state and that the person by the consumption of alcoholic

 

liquor may have affected his or her ability to operate a vehicle,

 

or reasonable cause to believe that a person was operating a

 

commercial motor vehicle within the state while the person's blood,

 

breath, or urine contained any measurable amount of alcohol or

 

while the person had any detectable presence of alcoholic liquor,

 

or reasonable cause to believe that a person who is less than 21

 

years of age was operating a vehicle upon a public highway or other

 

place open to the public or generally accessible to motor vehicles,

 

including an area designated for the parking of vehicles, within

 


this state while the person had any bodily alcohol content as that

 

term is defined in section 625(6), may require the person to submit

 

to a preliminary chemical breath analysis. The following provisions

 

apply with respect to a preliminary chemical breath analysis

 

administered under this subsection:

 

     (a) A peace officer may arrest a person based in whole or in

 

part upon the results of a preliminary chemical breath analysis.

 

     (b) The results of a preliminary chemical breath analysis are

 

admissible in a criminal prosecution for a crime enumerated in

 

section 625c(1) or in an administrative hearing for 1 or more of

 

the following purposes:

 

     (i) To assist the court or hearing officer in determining a

 

challenge to the validity of an arrest. This subparagraph does not

 

limit the introduction of other competent evidence offered to

 

establish the validity of an arrest.

 

     (ii) As evidence of the defendant's breath alcohol content, if

 

offered by the defendant to rebut testimony elicited on cross-

 

examination of a defense witness that the defendant's breath

 

alcohol content was higher at the time of the charged offense than

 

when a chemical test was administered under subsection (6).

 

     (iii) As evidence of the defendant's breath alcohol content, if

 

offered by the prosecution to rebut testimony elicited on cross-

 

examination of a prosecution witness that the defendant's breath

 

alcohol content was lower at the time of the charged offense than

 

when a chemical test was administered under subsection (6).

 

     (c) A person who submits to a preliminary chemical breath

 

analysis remains subject to the requirements of sections 625c,

 


625d, 625e, and 625f for purposes of chemical tests described in

 

those sections.

 

     (d) Except as provided in subsection (5), a person who refuses

 

to submit to a preliminary chemical breath analysis upon a lawful

 

request by a peace officer is responsible for a civil infraction.

 

     (3) A peace officer shall use the results of a preliminary

 

chemical breath analysis conducted pursuant to this section to

 

determine whether to order a person out-of-service under section

 

319d. A peace officer shall order out-of-service as required under

 

section 319d a person who was operating a commercial motor vehicle

 

and who refuses to submit to a preliminary chemical breath analysis

 

as provided in this section. This section does not limit use of

 

other competent evidence by the peace officer to determine whether

 

to order a person out-of-service under section 319d.

 

     (4) A person who was operating a commercial motor vehicle and

 

who is requested to submit to a preliminary chemical breath

 

analysis under this section shall be advised that refusing a peace

 

officer's request to take a test described in this section is a

 

misdemeanor punishable by imprisonment for not more than 93 days or

 

a fine of not more than $100.00, or both, and will result in the

 

issuance of a 24-hour out-of-service order.

 

     (5) A person who was operating a commercial motor vehicle and

 

who refuses to submit to a preliminary chemical breath analysis

 

upon a peace officer's lawful request is guilty of a misdemeanor

 

punishable by imprisonment for not more than 93 days or a fine of

 

not more than $100.00, or both.

 

     (6) The following provisions apply with respect to chemical

 


tests and analysis of a person's blood, urine, or breath, other

 

than preliminary chemical breath analysis:

 

     (a) The amount of alcohol or presence of a controlled

 

substance or both in a driver's blood or urine or the amount of

 

alcohol in a person's breath at the time alleged as shown by

 

chemical analysis of the person's blood, urine, or breath is

 

admissible into evidence in any civil or criminal proceeding and is

 

presumed to be the same as at the time the person operated the

 

vehicle.

 

     (b) A person arrested for a crime described in section 625c(1)

 

shall be advised of all of the following:

 

     (i) If he or she takes a chemical test of his or her blood,

 

urine, or breath administered at the request of a peace officer, he

 

or she has the right to demand that a person of his or her own

 

choosing administer 1 of the chemical tests.

 

     (ii) The results of the test are admissible in a judicial

 

proceeding as provided under this act and will be considered with

 

other admissible evidence in determining the defendant's innocence

 

or guilt.

 

     (iii) He or she is responsible for obtaining a chemical analysis

 

of a test sample obtained at his or her own request.

 

     (iv) If he or she refuses the request of a peace officer to

 

take a test described in subparagraph (i), a test shall not be given

 

without a court order, but the peace officer may seek to obtain a

 

court order.

 

     (v) Refusing a peace officer's request to take a test

 

described in subparagraph (i) will result in the suspension of his

 


or her operator's or chauffeur's license and vehicle group

 

designation or operating privilege and in the addition of 6 points

 

to his or her driver record.

 

     (c) A sample or specimen of urine or breath shall be taken and

 

collected in a reasonable manner. Only a licensed physician, or an

 

individual operating under the delegation of a licensed physician

 

under section 16215 of the public health code, 1978 PA 368, MCL

 

333.16215, qualified to withdraw blood and acting in a medical

 

environment, may withdraw blood at a peace officer's request to

 

determine the amount of alcohol or presence of a controlled

 

substance or both in the person's blood, as provided in this

 

subsection. Liability for a crime or civil damages predicated on

 

the act of withdrawing or analyzing blood and related procedures

 

does not attach to a licensed physician or individual operating

 

under the delegation of a licensed physician who withdraws or

 

analyzes blood or assists in the withdrawal or analysis in

 

accordance with this act unless the withdrawal or analysis is

 

performed in a negligent manner.

 

     (d) A chemical test described in this subsection shall be

 

administered at the request of a peace officer having reasonable

 

grounds to believe the person has committed a crime described in

 

section 625c(1). A person who takes a chemical test administered at

 

a peace officer's request as provided in this section shall be

 

given a reasonable opportunity to have a person of his or her own

 

choosing administer 1 of the chemical tests described in this

 

subsection within a reasonable time after his or her detention. The

 

test results are admissible and shall be considered with other

 


admissible evidence in determining the defendant's innocence or

 

guilt. If the person charged is administered a chemical test by a

 

person of his or her own choosing, the person charged is

 

responsible for obtaining a chemical analysis of the test sample.

 

     (e) If, after an accident, the driver of a vehicle involved in

 

the accident is transported to a medical facility and a sample of

 

the driver's blood is withdrawn at that time for medical treatment,

 

the results of a chemical analysis of that sample are admissible in

 

any civil or criminal proceeding to show the amount of alcohol or

 

presence of a controlled substance or both in the person's blood at

 

the time alleged, regardless of whether the person had been offered

 

or had refused a chemical test. The medical facility or person

 

performing the chemical analysis shall disclose the results of the

 

analysis to a prosecuting attorney who requests the results for use

 

in a criminal prosecution as provided in this subdivision. A

 

medical facility or person disclosing information in compliance

 

with this subsection is not civilly or criminally liable for making

 

the disclosure.

 

     (f) If, after an accident, the driver of a vehicle involved in

 

the accident is deceased, a sample of the decedent's blood shall be

 

withdrawn in a manner directed by the medical examiner to determine

 

the amount of alcohol or the presence of a controlled substance, or

 

both, in the decedent's blood. The medical examiner shall give the

 

results of the chemical analysis of the sample to the law

 

enforcement agency investigating the accident and that agency shall

 

forward the results to the department of state police.

 

     (g) The department of state police shall promulgate uniform

 


rules in compliance with the administrative procedures act of 1969,

 

1969 PA 306, MCL 24.201 to 24.328, for the administration of

 

chemical tests for the purposes of this section. An instrument used

 

for a preliminary chemical breath analysis may be used for a

 

chemical test described in this subsection if approved under rules

 

promulgated by the department of state police.

 

     (7) The provisions of subsection (6) relating to chemical

 

testing do not limit the introduction of any other admissible

 

evidence bearing upon any of the following questions:

 

     (a) Whether the person was impaired by, or under the influence

 

of, alcoholic liquor, a controlled substance, or a combination of

 

alcoholic liquor and a controlled substance.

 

     (b) Whether the person had an alcohol content of 0.08 grams or

 

more per 100 milliliters of blood, per 210 liters of breath, or per

 

67 milliliters of urine or, beginning October 1, 2013, the person

 

had an alcohol content of 0.10 grams or more per 100 milliliters of

 

blood, per 210 liters of breath, or per 67 milliliters of urine.

 

     (c) If the person is less than 21 years of age, whether the

 

person had any bodily alcohol content within his or her body. As

 

used in this subdivision, "any bodily alcohol content" means either

 

of the following:

 

     (i) An alcohol content of 0.02 grams or more but less than 0.08

 

grams per 100 milliliters of blood, per 210 liters of breath, or

 

per 67 milliliters of urine or, beginning October 1, 2013, the

 

person had an alcohol content of 0.02 grams or more but less than

 

0.10 grams or more per 100 milliliters of blood, per 210 liters of

 

breath, or per 67 milliliters of urine.

 


     (ii) Any presence of alcohol within a person's body resulting

 

from the consumption of alcoholic liquor, other than the

 

consumption of alcoholic liquor as a part of a generally recognized

 

religious service or ceremony. that term as defined in section

 

625(6).

 

     (8) If a chemical test described in subsection (6) is

 

administered, the test results shall be made available to the

 

person charged or the person's attorney upon written request to the

 

prosecution, with a copy of the request filed with the court. The

 

prosecution shall furnish the results at least 2 days before the

 

day of the trial. The prosecution shall offer the test results as

 

evidence in that trial. Failure to fully comply with the request

 

bars the admission of the results into evidence by the prosecution.

 

     (9) A person's refusal to submit to a chemical test as

 

provided in subsection (6) is admissible in a criminal prosecution

 

for a crime described in section 625c(1) only to show that a test

 

was offered to the defendant, but not as evidence in determining

 

the defendant's innocence or guilt. The jury shall be instructed

 

accordingly.

 

     Sec. 625i. (1) The department of state police shall prepare an

 

annual report that shall be designated the Michigan annual drunk

 

driving audit. The secretary of state, circuit court, district

 

court, family division of circuit court, municipal courts, and

 

local units of government in this state shall cooperate with the

 

department of state police to provide information necessary for the

 

preparation of the report. A copy of the report prepared under this

 

subsection shall be submitted to the governor, the secretary of the

 


senate, the clerk of the house of representatives, and the

 

secretary of state on July 1 of each year. The report shall contain

 

for each county in the state all of the following information

 

applicable to the immediately preceding calendar year:

 

     (a) The number of alcohol related motor vehicle crashes

 

resulting in bodily injury, including a breakdown of the number of

 

those injuries occurring per capita of population and per road mile

 

in the county.

 

     (b) The number of alcohol related motor vehicle crashes

 

resulting in death, including the breakdown described in

 

subdivision (a).

 

     (c) The number of alcohol related motor vehicle crashes, other

 

than those enumerated in subdivisions (a) and (b), including the

 

breakdown described in subdivision (a).

 

     (d) The number of arrests made for violations of section

 

625(1) or local ordinances substantially corresponding to section

 

625(1).

 

     (e) The number of arrests made for violations of section

 

625(3) or local ordinances substantially corresponding to section

 

625(3).

 

     (f) The number of arrests made for violations of section

 

625(6) or local ordinances substantially corresponding to section

 

625(6).

 

     (g) The number of arrests made for violations of section

 

625(4) or (5).

 

     (h) The number of arrests made for violations of section

 

625(7).

 


     (i) The number of arrests made for violations of section

 

625(8).

 

     (j) The number of operator's or chauffeur's licenses suspended

 

pursuant to section 625f.

 

     (k) The number of arrests made for violations of section 625m

 

or local ordinances substantially corresponding to section 625m.

 

     (2) The secretary of state shall compile a report of

 

dispositions of charges for violations of section 625(1), (3), (4),

 

(5), (6), (7), or (8) or section 625m or section 33b(1) or (2) of

 

former 1933 (Ex Sess) PA 8, section 703(1) or (2) of the Michigan

 

liquor control code of 1998, 1998 PA 58, MCL 436.1703, or local

 

ordinances substantially corresponding to section 625(1), (3), (6),

 

or (8) or section 625m or section 33b(1) or (2) of former 1933 (Ex

 

Sess) PA 8, or section 703(1) or (2) of the Michigan liquor control

 

code of 1998, 1998 PA 58, MCL 436.1703, by each judge for inclusion

 

in the annual report. The report compiled by the secretary of state

 

shall include information regarding all of the following:

 

     (a) The number of dismissals granted.

 

     (b) The number of convictions entered.

 

     (c) The number of acquittals entered.

 

     (d) The average length of imprisonment imposed.

 

     (e) The average length of community service imposed in lieu of

 

imprisonment.

 

     (f) The average fine imposed.

 

     (g) The number of vehicles ordered immobilized under section

 

904d.

 

     (h) The number of vehicles ordered forfeited under section

 


625n.

 

     (3) The secretary of state shall include in the compilation

 

under subsection (2) the number of licenses suspended, revoked, or

 

restricted for those violations.

 

     (4) The department of state police shall enter into a contract

 

with the university of Michigan transportation research institute,

 

under which the university of Michigan transportation research

 

institute shall evaluate the effect and impact of the 1998

 

legislation addressing drunk and impaired driving in this state and

 

report its findings to the governor and the legislature not later

 

than October 1, 2002.

 

     Sec. 625n. (1) Except as otherwise provided in this section

 

and in addition to any other penalty provided for in this act, the

 

judgment of sentence for a conviction for a violation of section

 

625(1) described in section 625(8)(b) or 625(9)(b), (c), (d), (e),

 

or (f), a violation of section 625(3) described in section

 

625(10)(b) or (c), a violation of section 625(4), (5), or (7), or a

 

violation of section 904(4) or (5) may require 1 of the following

 

with regard to the vehicle used in the offense if the defendant

 

owns the vehicle in whole or in part or leases the vehicle:

 

     (a) Forfeiture of the vehicle if the defendant owns the

 

vehicle in whole or in part.

 

     (b) Return of the vehicle to the lessor if the defendant

 

leases the vehicle.

 

     (2) The vehicle may be seized pursuant to an order of seizure

 

issued by the court having jurisdiction upon a showing of probable

 

cause that the vehicle is subject to forfeiture or return to the

 


lessor.

 

     (3) The forfeiture of a vehicle is subject to the interest of

 

the holder of a security interest who did not have prior knowledge

 

of or consent to the violation.

 

     (4) Within 14 days after the defendant's conviction for a

 

violation described in subsection (1), the prosecuting attorney may

 

file a petition with the court for the forfeiture of the vehicle or

 

to have the court order return of a leased vehicle to the lessor.

 

The prosecuting attorney shall give notice by first-class mail or

 

other process to the defendant and his or her attorney, to all

 

owners of the vehicle, and to any person holding a security

 

interest in the vehicle that the court may require forfeiture or

 

return of the vehicle.

 

     (5) If a vehicle is seized before disposition of the criminal

 

proceedings, a defendant who is an owner or lessee of the vehicle

 

may move the court having jurisdiction over the proceedings to

 

require the seizing agency to file a lien against the vehicle and

 

to return the vehicle to the owner or lessee pending disposition of

 

the criminal proceedings. The court shall hear the motion within 7

 

days after the motion is filed. If the defendant establishes at the

 

hearing that he or she holds the legal title to the vehicle or that

 

he or she has a leasehold interest and that it is necessary for him

 

or her or a member of his or her family to use the vehicle pending

 

the outcome of the forfeiture action, the court may order the

 

seizing agency to return the vehicle to the owner or lessee. If the

 

court orders the return of the vehicle to the owner or lessee, the

 

court shall order the defendant to post a bond in an amount equal

 


to the retail value of the vehicle, and shall also order the

 

seizing agency to file a lien against the vehicle.

 

     (6) Within 14 days after notice by the prosecuting attorney is

 

given under subsection (4), the defendant, an owner, lessee, or

 

holder of a security interest may file a claim of interest in the

 

vehicle with the court. Within 21 days after the expiration of the

 

period for filing claims, but before or at sentencing, the court

 

shall hold a hearing to determine the legitimacy of any claim, the

 

extent of any co-owner's equity interest, the liability of the

 

defendant to any co-lessee, and whether to order the vehicle

 

forfeited or returned to the lessor. In considering whether to

 

order forfeiture, the court shall review the defendant's driving

 

record to determine whether the defendant has multiple convictions

 

under section 625 or a local ordinance substantially corresponding

 

to section 625, or multiple suspensions, restrictions, or denials

 

under section 904, or both. If the defendant has multiple

 

convictions under section 625 or multiple suspensions,

 

restrictions, or denials under section 904, or both, that factor

 

shall weigh heavily in favor of forfeiture.

 

     (7) If a vehicle is forfeited under this section, the unit of

 

government that seized the vehicle shall sell the vehicle and

 

dispose of the proceeds in the following order of priority:

 

     (a) Pay any outstanding security interest of a secured party

 

who did not have prior knowledge of or consent to the commission of

 

the violation.

 

     (b) Pay the equity interest of a co-owner who did not have

 

prior knowledge of or consent to the commission of the violation.

 


     (c) Satisfy any order of restitution entered in the

 

prosecution for the violation.

 

     (d) Pay the claim of each person who shows that he or she is a

 

victim of the violation to the extent that the claim is not covered

 

by an order of restitution.

 

     (e) Pay any outstanding lien against the property that has

 

been imposed by a governmental unit.

 

     (f) Pay the proper expenses of the proceedings for forfeiture

 

and sale, including, but not limited to, expenses incurred during

 

the seizure process and expenses for maintaining custody of the

 

property, advertising, and court costs.

 

     (g) The balance remaining after the payment of items (a)

 

through (f) shall be distributed by the court having jurisdiction

 

over the forfeiture proceedings to the unit or units of government

 

substantially involved in effecting the forfeiture. Seventy-five

 

percent of the money received by a unit of government under this

 

subdivision shall be used to enhance enforcement of the criminal

 

laws and 25% of the money shall be used to implement the crime

 

victim's rights act, 1985 PA 87, MCL 780.751 to 780.834. A unit of

 

government receiving money under this subdivision shall report

 

annually to the department of management and budget the amount of

 

money received under this subdivision that was used to enhance

 

enforcement of the criminal laws and the amount that was used to

 

implement the crime victim's rights act, 1985 PA 87, MCL 780.751 to

 

780.834.

 

     (8) The court may order the defendant to pay to a co-lessee

 

any liability determined under subsection (6). The order may be

 


enforced in the same manner as a civil judgment.

 

     (9) The return of a vehicle to the lessor under this section

 

does not affect or impair the lessor's rights or the defendant's

 

obligations under the lease.

 

     (10) A person who knowingly conceals, sells, gives away, or

 

otherwise transfers or disposes of a vehicle with the intent to

 

avoid forfeiture or return of the vehicle to the lessor under this

 

section is guilty of a misdemeanor punishable by imprisonment for

 

not more than 1 year or a fine of not more than $1,000.00, or both.

 

     (11) The failure of the court or prosecutor to comply with any

 

time limit specified in this section does not preclude the court

 

from ordering forfeiture of a vehicle or its return to a lessor,

 

unless the court finds that the owner or claimant suffered

 

substantial prejudice as a result of that failure.

 

     (12) The forfeiture provisions of this section do not preclude

 

the prosecuting attorney from pursuing a forfeiture proceeding

 

under any other law of this state or a local ordinance

 

substantially corresponding to this section.

 

     Sec. 904d. (1) Vehicle immobilization applies as follows:

 

     (a) For a conviction under section  625(1) 625(1)(a) or (b),

 

(3), (7), or (8) or a local ordinance substantially corresponding

 

to section 625(1) or (3) with no prior convictions, the court may

 

order vehicle immobilization for not more than 180 days.

 

     (b) For a conviction under section 625(4) or (5) with no prior

 

convictions, the court shall order vehicle immobilization for not

 

more than 180 days.

 

     (c) For a conviction under section  625(1) 625(1)(c), or for a

 


conviction under section 625(1)(a) or (b), (3), (4), (5), (7), or

 

(8) within 7 years after a prior conviction, the court shall order

 

vehicle immobilization for not less than 90 days or more than 180

 

days.

 

     (d) For a second or subsequent conviction under section

 

625(1)(c), or for a conviction under section  625(1) 625(1)(a) or

 

(b), (3), (4), (5), (7), or (8) within 10 years after 2 or more

 

prior convictions, the court shall order vehicle immobilization for

 

not less than 1 year or more than 3 years.

 

     (2) For a conviction or civil infraction determination

 

resulting from a violation that occurred during a period of

 

suspension, revocation, or denial, the following apply:

 

     (a) Except as provided in subdivision (b), for 1 prior

 

suspension, revocation, or denial under section 904(10), (11), or

 

(12) or former section 904(2) or (4) within the past 7 years, the

 

court may order vehicle immobilization for not more than 180 days.

 

     (b) Except as provided in subdivisions (c) and (d), if the

 

person is convicted under section 904(4) or (5), the court shall

 

order vehicle immobilization for not more than 180 days.

 

     (c) For any combination of 2 or 3 prior suspensions,

 

revocations, or denials under section 904(10), (11), or (12) or

 

former section 904(2) or (4) within the past 7 years, the court

 

shall order vehicle immobilization for not less than 90 days or

 

more than 180 days.

 

     (d) For any combination of 4 or more prior suspensions,

 

revocations, or denials under section 904(10), (11), or (12) or

 

former section 904(2) or (4) within the past 7 years, the court

 


shall order vehicle immobilization for not less than 1 year or more

 

than 3 years.

 

     (3) The defendant shall provide to the court the vehicle

 

identification number and registration plate number of the vehicle

 

involved in the violation.

 

     (4) The court may order vehicle immobilization under this

 

section under either of the following circumstances:

 

     (a) The defendant is the owner, co-owner, lessee, or co-lessee

 

of the vehicle operated during the violation.

 

     (b) The owner, co-owner, lessee, or co-lessee knowingly

 

permitted the vehicle to be operated in violation of section 625(2)

 

or section 904(2) regardless of whether a conviction resulted.

 

     (5) An order required to be issued under this section shall

 

not be suspended.

 

     (6) If a defendant is ordered imprisoned for the violation for

 

which immobilization is ordered, the period of immobilization shall

 

begin at the end of the period of imprisonment.

 

     (7) This section does not apply to any of the following:

 

     (a) A suspension, revocation, or denial based on a violation

 

of the support and parenting time enforcement act, 1982 PA 295, MCL

 

552.601 to 552.650.

 

     (b) A vehicle that is registered in another state or that is a

 

rental vehicle.

 

     (c) A vehicle owned by the federal government, this state, or

 

a local unit of government of this state.

 

     (d) A vehicle not subject to registration under section 216.

 

     (e) Any of the following:

 


     (i) A violation of chapter II.

 

     (ii) A violation of chapter V.

 

     (iii) A violation for failure to change address.

 

     (iv) A parking violation.

 

     (v) A bad check violation.

 

     (vi) An equipment violation.

 

     (vii) A pedestrian, passenger, or bicycle violation, other than

 

a violation of section 703(1) or (2) of the Michigan liquor control

 

code of 1998, 1998 PA 58, MCL 436.1703, or a local ordinance

 

substantially corresponding to section 703(1) or (2) of the

 

Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703, or

 

section 624a or 624b or a local ordinance substantially

 

corresponding to section 624a or 624b.

 

     (viii) A violation of a local ordinance substantially

 

corresponding to a violation described in subparagraphs (i) to (vii).

 

     (8) As used in this section:

 

     (a) Subject to subsections (9) and (10), "prior conviction"

 

means a conviction for any of the following, whether under a law of

 

this state, a local ordinance substantially corresponding to a law

 

of this state, or a law of another state substantially

 

corresponding to a law of this state:

 

     (i) Except as otherwise provided in subsection (10), a

 

violation or attempted violation of any of the following:

 

     (A) Section 625, except a violation of section 625(2), or a

 

violation of any prior enactment of section 625 in which the

 

defendant operated a vehicle while under the influence of

 

intoxicating or alcoholic liquor or a controlled substance, or a

 


combination of intoxicating or alcoholic liquor and a controlled

 

substance, or while visibly impaired, or with an unlawful bodily

 

alcohol content.

 

     (B) Section 625m.

 

     (C) Former section 625b.

 

     (ii) Negligent homicide, manslaughter, or murder resulting from

 

the operation of a vehicle or an attempt to commit any of those

 

crimes.

 

     (b) "Vehicle immobilization" means requiring the motor vehicle

 

involved in the violation immobilized in a manner provided in

 

section 904e.

 

     (9) If 2 or more convictions described in subsection (8)(a)

 

are convictions for violations arising out of the same incident,

 

only 1 conviction shall be used to determine whether the person has

 

a prior conviction.

 

     (10) Only 1 violation or attempted violation of section

 

625(6), a local ordinance substantially corresponding to section

 

625(6), or a law of another state substantially corresponding to

 

section 625(6) may be used as a prior conviction.