HOUSE BILL No. 4351


     March 2, 1999, Introduced by Rep. Gosselin and referred to the Committee on Transportation.


        A bill to amend 1927 PA 175, entitled

   "The code of criminal procedure,"

   by amending section 48 of chapter XVII (MCL 777.48), as added by

   1998 PA 317.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1                               CHAPTER XVII

 2         Sec. 48.  (1) Offense variable 18 is operator ability

 3    affected by alcohol or drugs.  Score offense variable 18 by

 4    determining which of the following apply and by assigning the

 5    number of points attributable to the one that has the highest

 6    number of points:



 7         (a) The offender operated a vehicle when his or

 8    her bodily alcohol content was 0.20 grams or more per




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 1    100 milliliters of blood, per 210 liters of breath, or

 2    per 67 milliliters of urine...........................  20 points



 3         (b) The offender operated a vehicle when his or

 4    her bodily alcohol content was 0.15 grams or more but

 5    less than 0.20 grams per 100 milliliters of blood, per

 6    210 liters of breath, or per 67 milliliters of urine..  15 points



 7         (c) The offender operated a vehicle when his or

 8    her bodily alcohol content was  0.10  0.08 grams or

 9    more but less than 0.15 grams per 100 milliliters of

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

11    of urine, or while he or she was under the influence

12    of intoxicating liquor or a controlled substance or a

13    combination of intoxicating liquor and a controlled

14    substance.............................................  10 points



15         (d) The offender operated a vehicle when his or

16    her bodily alcohol content was  0.07  0.05 grams or

17    more but less than  0.10  0.08 grams per 100 millili-

18    ters of blood, per 210 liters of breath, or per 67

19    milliliters of urine, or while he or she was visibly

20    impaired by the use of intoxicating liquor and a con-

21    trolled substance or a combination of intoxicating

22    liquor or a controlled substance, or was less than 21

23    years of age and had any bodily alcohol content.......   5 points





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 1         (e) The offender's ability to operate a vehicle

 2    was not affected by an intoxicating liquor or a con-

 3    trolled substance or a combination of intoxicating

 4    liquor and a controlled substance.....................   0 points

 5         (2) As used in this section, "any bodily alcohol content"

 6    means either of the following:

 7         (a) An alcohol content of not less than 0.02 grams or more

 8    than  0.07  0.05 grams per 100 milliliters of blood, per 210

 9    liters of breath, or per 67 milliliters of urine.

10         (b) Any presence of alcohol within an individual's body

11    resulting from the consumption of intoxicating liquor other than

12    the consumption of intoxicating liquor as part of a generally

13    recognized religious service or ceremony.

14         Enacting section 1.  This amendatory act does not take

15    effect unless Senate Bill No. ___ or House Bill No. ___ (request

16    no. 02049'99) of the 90th Legislature is enacted into law.

























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