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.