SENATE BILL No. 1340

 

 

May 27, 2008, Introduced by Senators SCHAUER, THOMAS, HUNTER, WHITMER, CLARKE, SCOTT, BRATER, PRUSI and BARCIA and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

(MCL 257.1 to 257.923) by adding section 624c.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 624c. (1) A person who operates a motor vehicle in

 

violation of section 624a with any bodily alcohol content is guilty

 

of a felony punishable as follows:

 

     (a) If the person causes bodily injury to another person, 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.

 

     (b) If the person causes the death of another person, 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.

 

     (2) As used in this section, "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.

 

     (3) This section does not prohibit a person from being charged

 

with, convicted of, or punished for any other violation of law

 

arising out of the same transaction as the violation of this

 

section.