HOUSE BILL No. 6589

November 9, 2006, Introduced by Reps. Casperson, Marleau, LaJoy, Emmons, Booher, Sheen and Hildenbrand and referred to the Committee on Judiciary.

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 319, 319b, 320a, 625, 625a, 625b, 625c, 625i,

625m, 625n, 727, 732, 732a, and 904d (MCL 257.319, 257.319b,

257.320a, 257.625, 257.625a, 257.625b, 257.625c, 257.625i,

257.625m, 257.625n, 257.727, 257.732, 257.732a, and 257.904d),

section 319 as amended by 2004 PA 362, sections 319b and 732 as

amended by 2006 PA 298, section 320a as amended by 2004 PA 495,

sections 625, 625b, and 727 as amended by 2004 PA 62, sections

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

625n as amended by 1998 PA 349, and section 732a as amended by 2004

PA 52.

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.

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).

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) or ~~(8)~~

(9) 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 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.

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 180 days of suspension.

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

625(7) 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)~~

625(7) 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)~~

625(8) 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)~~ 625(7), a local ordinance substantially

corresponding to section ~~625(6)~~ 625(7), or a law of another state

substantially corresponding to section ~~625(6)~~ 625(7) 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).

found responsible for 1 of the following:

(i) A violation of section 625(1), (3), (4), (5), (6), (7), or

(8), or (9), section 625m, or former section 625(1) or (2), or

former section 625b, while operating a commercial or noncommercial

motor vehicle.

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

noncommercial motor vehicle operated by the person.

(iii) Except for a felony described in 49 CFR 383.51(b)(9), a

felony in which a commercial or noncommercial 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 or noncommercial motor vehicle as required by a law or

local ordinance of this state or another state.

(v) Effective October 1, 2005, 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) Effective October 1, 2005, 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 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 under 49 CFR

parts 100 to 199.

(e) Revocation for life, but with eligibility for reissue of a

group vehicle designation after not less than 10 years and after

approval by the secretary of state, if the person is convicted of

or found responsible for 2 violations or a combination of any 2

violations arising from 2 or more separate incidents involving any

of the following:

(i) Section 625(1), (3), (4), (5), (6), (7), or (8), or (9),

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

625b, while operating a commercial or noncommercial motor vehicle.

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

noncommercial motor vehicle operated by the licensee.

(iii) Except for a felony described in 49 CFR 383.51(b)(9), a

felony in which a commercial or noncommercial motor vehicle was

used.

(iv) A refusal 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 or noncommercial motor vehicle in this state or

another state.

(v) Effective October 1, 2005, 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) Effective October 1, 2005, 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) Six-point violations as provided in section 320a while

operating a commercial motor vehicle.

(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 reissuance 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 deny, cancel, or

revoke a hazardous material indorsement on the operator's or

chauffeur's license of a person with a vehicle group designation

upon receiving notice from a federal government agency that the

person poses a security risk warranting denial, cancellation, or

revocation 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. The denial,

cancellation, or revocation cannot be appealed under section 322 or

323 and remains in effect until the secretary of state receives a

federal government notice that the person does not pose a security

risk in the transportation of hazardous materials.

(3) The secretary of state shall immediately suspend all

vehicle group designations on a person's operator's or chauffeur's

license 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 under 49 CFR parts

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

the driver.

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 under 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) The secretary of state shall suspend or revoke, as

applicable, any privilege to operate a commercial motor vehicle as

directed by the federal government or its designee.

(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) or deny, cancel, or revoke a

hazardous material indorsement under subsection (2) 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) 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 or 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) Refusing 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.

(d) Using a vehicle to commit a felony.

(8) When determining the applicability of conditions listed in

this section, the secretary of state shall consider only 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 count only

from incident date to incident date.

(10) 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) Effective October 1, 2005, driving a commercial motor

vehicle without obtaining any vehicle group designation on the

person's license.

(vii) Effective October 1, 2005, driving a commercial motor

vehicle without either having an operator's or chauffeur's license

in the person's possession or providing proof to the court, not

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

a fine for the violation, that the person held a valid vehicle

group designation and indorsement on the date that the citation was

issued.

(viii) Effective October 1, 2005, 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.

Sec. 320a. (1) Until October 1, 2005, within 10 days after the

receipt of a properly prepared abstract from this state or another

state, or, beginning October 1, 2005, within 5 days after the

receipt of a properly prepared abstract from this state or another

state, the secretary of state shall record the date of conviction,

civil infraction determination, or probate court disposition, and

the number of points for each, based on the following formula,

except as otherwise provided in this section and section 629c:

(a) Manslaughter, negligent homicide, or a felony

resulting from the operation of a motor vehicle, ORV, or

snowmobile.................................................. 6 points

(b) A violation of section 601b(2) or (3), 601c(1) or

(2), or 653a(3) or (4)...................................... 6 points

(6), or (8), or (9), section 81134 or 82127(1) of the

natural resources and environmental protection act, 1994

PA 451, MCL 324.81134 and 324.82127, or a law or ordinance

substantially corresponding to section 625(1), (4), (5),

~~(7)~~ (6), or (8), or (9) or section 81134 or 82127(1)

of the natural resources and environmental protection act,

1994 PA 451, MCL 324.81134 and 324.82127.................... 6 points

(d) Failing to stop and disclose identity at the scene

of an accident when required by law......................... 6 points

(e) Operating a motor vehicle in violation of section

626......................................................... 6 points

(f) Fleeing or eluding an officer...................... 6 points

(g) A violation of section 627(9) pertaining to speed

in a work zone described in that section by exceeding the

lawful maximum by more than 15 miles per hour............... 5 points

(h) A violation of any law other than the law described

in subdivision (g) or ordinance pertaining to speed by

exceeding the lawful maximum by more than 15 miles per

hour ....................................................... 4 points

(i) A violation of section 625(3) or (6), section 81135

or 82127(3) of the natural resources and environmental

protection act, 1994 PA 451, MCL 324.81135 and 324.82127,

or a law or ordinance substantially corresponding to

section 625(3) or (6) or section 81135 or 82127(3) of the

natural resources and environmental protection act, 1994

PA 451, MCL 324.81135 and 324.82127......................... 4 points

(j) A violation of section 626a or a law or ordinance

substantially corresponding to section 626a................. 4 points

(k) A violation of section 653a(2)..................... 4 points

(l) A violation of section 627(9) pertaining to speed

in a work zone described in that section by exceeding the

lawful maximum by more than 10 but not more than 15 miles

per hour.................................................... 4 points

(m) A violation of any law other than the law described

in subdivision (l) or ordinance pertaining to speed by

exceeding the lawful maximum by more than 10 but not more

than 15 miles per hour or careless driving in violation

of section 626b or a law or ordinance substantially

corresponding to section 626b............................... 3 points

(n) A violation of section 627(9) pertaining to speed

in a work zone described in that section by exceeding the

lawful maximum by 10 miles per hour or less................. 3 points

(o) A violation of any law other than the law described

in subdivision (n) or ordinance pertaining to speed by

exceeding the lawful maximum by 10 miles per hour or less... 2 points

(p) Disobeying a traffic signal or stop sign, or

improper passing............................................ 3 points

(q) A violation of section 624a, 624b, or a law or

ordinance substantially corresponding to section 624a

or 624b..................................................... 2 points

(r) A violation of section 310e(4) or (6) or a law or

ordinance substantially corresponding to section 310e(4)

or (6)...................................................... 2 points

(s) All other moving violations pertaining to the

operation of motor vehicles reported under this section..... 2 points

(t) A refusal by a person less than 21 years of age to

submit to a preliminary breath test required by a peace

officer under section 625a.................................. 2 points

(2) Points shall not be entered for a violation of section

310e(14), 311, 625m, 658, 717, 719, 719a, or 723.

(3) Points shall not be entered for bond forfeitures.

(4) Points shall not be entered for overweight loads or for

defective equipment.

(5) If more than 1 conviction, civil infraction determination,

or probate court disposition results from the same incident, points

shall be entered only for the violation that receives the highest

number of points under this section.

(6) If a person has accumulated 9 points as provided in this

section, the secretary of state may call the person in for an

interview as to the person's driving ability and record after due

notice as to time and place of the interview. If the person fails

to appear as provided in this subsection, the secretary of state

shall add 3 points to the person's record.

(7) If a person violates a speed restriction established by an

executive order issued during a state of energy emergency as

provided by 1982 PA 191, MCL 10.81 to 10.89, the secretary of state

shall enter points for the violation pursuant to subsection (1).

(8) The secretary of state shall enter 6 points upon the

record of a person whose license is suspended or denied pursuant to

section 625f. However, if a conviction, civil infraction

determination, or probate court disposition results from the same

incident, additional points for that offense shall not be entered.

(9) If a Michigan driver commits a violation in another state

that would be a civil infraction if committed in Michigan, and a

conviction results solely because of the failure of the Michigan

driver to appear in that state to contest the violation, upon

receipt of the abstract of conviction by the secretary of state,

the violation shall be noted on the driver's record, but no points

shall be assessed against his or her driver's license.

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 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.

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)~~ (9) 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)~~ (9) 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, whether licensed or not, who operates a motor

vehicle in violation of subsection (1), (3), or (9) and by the

operation of the motor vehicle causes a traffic accident is, except

as provided in subsections (4) and (5), guilty of a misdemeanor

punishable by imprisonment for not more than 2 years or a fine of

not less than $500.00 or more than $2,500.00, 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.

(7) ~~(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.

(8) ~~(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), (6), or ~~(8)~~ (9) 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)~~ (7) 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.

(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.

(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.

(9) ~~(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.

(10) ~~(9)~~ If a person is convicted of violating subsection

(1) or ~~(8)~~ (9), 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.

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

(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.

(11) ~~(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.

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.

(12) ~~(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.

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

(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.

(13) ~~(12)~~ If a person is convicted of violating subsection

~~(6)~~ (7), 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.

(14) ~~(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.

(15) ~~(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.

(16) ~~(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.

(17) ~~(16)~~ If a person is charged with a violation of

subsection (1), (3), (4), (5), (6), ~~(7)~~ (8), or ~~(8)~~ (9) 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)~~ (7) 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.

(18) ~~(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.

(19) ~~(18)~~ Except as otherwise provided in subsection ~~(20)~~

(21), 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.

(20) ~~(19)~~ Except as otherwise provided in subsection ~~(20)~~

(21), 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.

(21) ~~(20)~~ A special verdict described in subsections ~~(18)~~

(19) and ~~(19)~~ (20) 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.

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

(19), or (20), or (21) 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.

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

described in subsection ~~(21)(b)~~ (22)(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.

(24) ~~(23)~~ In a prosecution for a violation of subsection

~~(6)~~ (7), 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.

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

that a person convicted of violating subsection (1) or ~~(8)~~ (9),

or a local ordinance substantially corresponding to subsection (1)

or ~~(8)~~ (9), 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.

(26) ~~(25)~~ Subject to subsection ~~(27)~~ (28), 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)~~ (27), 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.

(27) ~~(26)~~ Except for purposes of the enhancement described

in subsection ~~(12)(b)~~ (13)(b), only 1 violation or attempted

violation of subsection ~~(6)~~ (7), a local ordinance substantially

corresponding to subsection ~~(6)~~ (7), or a law of another state

substantially corresponding to subsection ~~(6)~~ (7) may be used as

a prior conviction.

(28) ~~(27)~~ If 2 or more convictions described in subsection

~~(25)~~ (26) 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)~~ 625(7), 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).

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.

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.

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.

(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. 625b. (1) A person arrested for a misdemeanor violation

of section 625(1), (3), (6), (7), or (8), or (9) or section 625m

or a local ordinance substantially corresponding to section 625(1),

(3), ~~(6)~~ (7), or ~~(8)~~ (9) or section 625m shall be arraigned on

the citation, complaint, or warrant not more than 14 days after the

arrest for the violation or, if an arrest warrant is issued or

reissued, not more than 14 days after the issued or reissued arrest

warrant is served, whichever is later. The court shall not dismiss

a case or impose any other sanction for a failure to comply with

this time limit. The time limit does not apply to a violation of

section 625(1), (3), (6), (7), or (8), or (9) or section 625m

punishable as a felony or a violation of section 625(1), (3), (6),

(7), or (8), or (9) or section 625m joined with a felony charge.

(2) The court shall schedule a pretrial conference between the

prosecuting attorney, the defendant, and the defendant's attorney

in each case in which the defendant is charged with a misdemeanor

violation of section 625(1), (3), (6), (7), or (8), or (9) or

section 625m or a local ordinance substantially corresponding to

section 625(1), (3), ~~(6), or~~ (7), (8), or (9) or section 625m.

The pretrial conference shall be held not more than 35 days after

the person's arrest for the violation or, if an arrest warrant is

issued or reissued, not more than 35 days after the issued or

reissued arrest warrant is served, whichever is later. If the court

has only 1 judge who sits in more than 1 location in that district,

the pretrial conference shall be held not more than 42 days after

the person's arrest for the violation or, if an arrest warrant is

issued or reissued, not more than 42 days after the date the issued

or reissued arrest warrant is served, whichever is later. The court

shall not dismiss a case or impose any other sanction for a failure

to comply with the applicable time limit. The 35- and 42-day time

limits do not apply to a violation of section 625(1), (3), (6),

(7), or (8), or (9) or section 625m punishable as a felony or a

violation of section 625(1), (3), (6), (7), or (8), or (9) or

section 625m joined with a felony charge. The court shall order the

defendant to attend the pretrial conference and may accept a plea

by the defendant at the conclusion of the pretrial conference. The

court may adjourn the pretrial conference upon the motion of a

party for good cause shown. Not more than 1 adjournment shall be

granted to a party, and the length of an adjournment shall not

exceed 14 days.

(3) Except for delay attributable to the unavailability of the

defendant, a witness, or material evidence or due to an

interlocutory appeal or exceptional circumstances, but not a delay

caused by docket congestion, the court shall finally adjudicate, by

a plea of guilty or nolo contendere, entry of a verdict, or other

final disposition, a case in which the defendant is charged with a

misdemeanor violation of section 625(1), (3), (6), (7), or (8),

or (9) or section 625m or a local ordinance substantially

corresponding to section 625(1), (3), ~~(6), or~~ (7), (8), or (9) or

section 625m, within 77 days after the person is arrested for the

violation or, if an arrest warrant is issued or reissued, not more

than 77 days after the date the issued or reissued arrest warrant

is served, whichever is later. The court shall not dismiss a case

or impose any other sanction for a failure to comply with this time

limit. The 77-day time limit does not apply to a violation of

section 625(1), (3), (6), (7), or (8), or (9) or section 625m

punishable as a felony or a violation of section 625(1), (3), (6),

(7), or (8), or (9) or section 625m joined with a felony charge.

(4) Before accepting a plea of guilty or nolo contendere under

section 625 or a local ordinance substantially corresponding to

section 625(1), (2), (3), ~~(6), or~~ (7), (8), or (9), the court

shall advise the accused of the maximum possible term of

imprisonment and the maximum possible fine that may be imposed for

the violation and shall advise the defendant that the maximum

possible license sanctions that may be imposed will be based upon

the master driving record maintained by the secretary of state

under section 204a.

(5) Before imposing sentence for a violation of section

625(1), (3), (4), (5), (6), (7), or (8), or (9) or a local

ordinance substantially corresponding to section 625(1), (3), ~~(6)~~

(7), or (8), the court shall order the person to undergo screening

and assessment by a person or agency designated by the office of

substance abuse services to determine whether the person is likely

to benefit from rehabilitative services, including alcohol or drug

education and alcohol or drug treatment programs. Except as

otherwise provided in this subsection, the court may order the

person to participate in and successfully complete 1 or more

appropriate rehabilitative programs as part of the sentence. If the

person has 1 or more prior convictions, the court shall order the

person to participate in and successfully complete 1 or more

appropriate rehabilitative programs as part of the sentence. The

person shall pay for the costs of the screening, assessment, and

rehabilitative services.

(6) If the judgment and sentence are appealed to circuit

court, the court may ex parte order the secretary of state to stay

the suspension, revocation, or restricted license issued by the

secretary of state pending the outcome of the appeal.

Sec. 625c. (1) A person who operates a vehicle upon a public

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 is considered to have given

consent to chemical tests 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 or urine or the

amount of alcohol in his or her breath in all of the following

circumstances:

(a) If the person is arrested for a violation of section

625(1), (3), (4), (5), (6), (7), or (8), or (9), section 625a(5),

or section 625m or a local ordinance substantially corresponding to

section 625(1), (3), ~~(6), or~~ (7), (8), or (9), section 625a(5),

or section 625m.

(b) If the person is arrested for felonious driving, negligent

homicide, manslaughter, or murder resulting from the operation of a

motor vehicle, and the peace officer had reasonable grounds to

believe the person was operating the vehicle in violation of

section 625.

(2) A person who is afflicted with hemophilia, diabetes, or a

condition requiring the use of an anticoagulant under the direction

of a physician is not considered to have given consent to the

withdrawal of blood.

(3) The tests shall be administered as provided in section

625a(6).

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).

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)~~ 625(7) or local ordinances substantially corresponding to

section ~~625(6)~~ 625(7).

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

625(4), or (5), or (6).

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

~~625(7)~~ 625(8).

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

~~625(8)~~ 625(9).

(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 (9) 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~~ (7), (8), or (9) 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.

(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. 625m. (1) A person, whether licensed or not, who has an

alcohol content of 0.04 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, an alcohol

content of 0.04 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, shall not operate a commercial motor vehicle

within this state.

(2) 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 that the

person was, at the time of an accident, the driver of a commercial

motor vehicle involved in the accident and was operating the

vehicle in violation of this section or a local ordinance

substantially corresponding to this section.

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

motor 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 this section or a local

ordinance substantially corresponding to this section.

(3) Except as otherwise provided in subsections (4) and (5), a

person who is convicted of a violation of this section or a local

ordinance substantially corresponding to this section is guilty of

a misdemeanor punishable by imprisonment for not more than 93 days

or a fine of not more than $300.00, or both, together with costs of

the prosecution.

(4) A person who violates this section or a local ordinance

substantially corresponding to this section within 7 years of 1

prior conviction may be sentenced to imprisonment for not more than

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

(5) A person who violates this section or a local ordinance

substantially corresponding to this section within 10 years of 2 or

more prior convictions 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

the imprisonment imposed under this subdivision shall be served

consecutively.

(6) A term of imprisonment imposed under subsection (4) or (5)

shall not be suspended.

(7) Subject to subsection (9), 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 (8), a violation or

attempted violation of any of the following:

(i) This section.

(ii) 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.

(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.

(8) Only 1 violation or attempted violation of section ~~625(6)~~

625(7), a local ordinance substantially corresponding to section

~~625(6)~~ 625(7), or a law of another state substantially

corresponding to section ~~625(6)~~ 625(7) may be used as a prior

conviction.

(9) If 2 or more convictions described in subsection (7) 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. 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)~~ 625(9)(b) or (c), a

violation of section 625(3) described in section ~~625(10)(b)~~

625(11)(b) or (c), a violation of section 625(4), (5), (6), or ~~(7)~~

(8), 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.

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. 727. If a person is arrested without a warrant in any of

the following cases, the arrested person shall, without

unreasonable delay, be arraigned by the magistrate who is nearest

or most accessible within the judicial district as provided in

section 13 of chapter IV of the code of criminal procedure, 1927 PA

175, MCL 764.13, or, if a minor, taken before the family division

of circuit court within the county in which the offense charged is

alleged to have been committed:

(a) The person is arrested upon a charge of negligent

homicide.

(b) The person is arrested under section 625(1), (3), (4),

(5), (6), (7), or (8), or (9), or an ordinance substantially

corresponding to section 625(1), (3), ~~(6), or~~ (7), (8), or (9).

substantially corresponding to that section. If under the existing

circumstances it does not appear that releasing the person pending

the issuance of a warrant will constitute a public menace, the

arresting officer may proceed as provided by section 728.

(d) A person arrested does not have in his or her immediate

possession a valid operator's or chauffeur's license or the receipt

described in section 311a. If the arresting officer otherwise

satisfactorily determines the identity of the person and the

practicability of subsequent apprehension if the person fails to

voluntarily appear before a designated magistrate or the family

division of circuit court as directed, the officer may release the

person from custody with instructions to appear in court, given in

the form of a citation as prescribed by section 728.

Sec. 732. (1) Each municipal judge and each clerk of a court

of record shall keep a full record of every case in which a person

is charged with or cited for a violation of this act or a local

ordinance substantially corresponding to this act regulating the

operation of vehicles on highways and with those offenses

pertaining to the operation of ORVs or snowmobiles for which points

are assessed under section 320a(1)(c) or (i). Except as provided in

subsection (16), the municipal judge or clerk of the court of

record shall prepare and forward to the secretary of state an

abstract of the court record as follows:

(a) Not more than 5 days after a conviction, forfeiture of

bail, or entry of a civil infraction determination or default

judgment upon a charge of or citation for violating or attempting

to violate this act or a local ordinance substantially

corresponding to this act regulating the operation of vehicles on

highways.

(b) Immediately for each case charging a violation of section

625(1), (3), (4), (5), (6), (7), or (8), or (9) or section 625m

or a local ordinance substantially corresponding to section 625(1),

(3), ~~(6), or~~ (7), (8), or (9) or section 625m in which the charge

is dismissed or the defendant is acquitted.

82127(1) or (3), 81134, or 81135 of the natural resources and

environmental protection act, 1994 PA 451, MCL 324.82127,

324.81134, and 324.81135, or a local ordinance substantially

corresponding to those sections.

(2) If a city or village department, bureau, or person is

authorized to accept a payment of money as a settlement for a

violation of a local ordinance substantially corresponding to this

act, the city or village department, bureau, or person shall send a

full report of each case in which a person pays any amount of money

to the city or village department, bureau, or person to the

secretary of state upon a form prescribed by the secretary of

state.

(3) The abstract or report required under this section shall

be made upon a form furnished by the secretary of state. An

abstract shall be certified by signature, stamp, or facsimile

signature of the person required to prepare the abstract as

correct. An abstract or report shall include all of the following:

(a) The name, address, and date of birth of the person charged

or cited.

(b) The number of the person's operator's or chauffeur's

license, if any.

(d) The type of vehicle driven at the time of the violation

and, if the vehicle is a commercial motor vehicle, that vehicle's

group designation.

(e) The date of the conviction, finding, forfeiture, judgment,

or civil infraction determination.

(f) Whether bail was forfeited.

(g) Any license restriction, suspension, or denial ordered by

the court as provided by law.

(h) The vehicle identification number and registration plate

number of all vehicles that are ordered immobilized or forfeited.

(i) Other information considered necessary to the secretary of

state.

(4) The clerk of the court also shall forward an abstract of

the court record to the secretary of state upon a person's

conviction involving any of the following:

(a) A violation of section 413, 414, or 479a of the Michigan

penal code, 1931 PA 328, MCL 750.413, 750.414, and 750.479a.

(b) A violation of section 1 of former 1931 PA 214.

the operation of a vehicle.

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

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

substantially corresponding to that section.

(e) A violation of section 411a(2) of the Michigan penal code,

1931 PA 328, MCL 750.411a.

(f) 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.

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

1990 PA 187, MCL 257.1857.

(h) 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.

(i) An attempt to violate, a conspiracy to violate, or a

violation of part 74 of the public health code, 1978 PA 368, MCL

333.7401 to 333.7461, or a local ordinance that prohibits conduct

prohibited under part 74 of the public health code, 1978 PA 368,

MCL 333.7401 to 333.7461, unless the convicted person is sentenced

to life imprisonment or a minimum term of imprisonment that exceeds

1 year for the offense.

(j) An attempt to commit an offense described in subdivisions

(a) to (h).

(k) A violation of chapter LXXXIII-A of the Michigan penal

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

(l) A violation of section 3101, 3102(1), or 3103 of the

insurance code of 1956, 1956 PA 218, MCL 500.3101, 500.3102, and

500.3103.

(m) A violation listed as a disqualifying offense under 49 CFR

383.51.

(5) The clerk of the court shall also forward an abstract of

the court record to the secretary of state if a person has pled

guilty to, or offered a plea of admission in a juvenile proceeding

for, a violation of section 703 of the Michigan liquor control code

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

substantially corresponding to that section, and has had further

proceedings deferred under that section. If the person is sentenced

to a term of probation and terms and conditions of probation are

fulfilled and the court discharges the individual and dismisses the

proceedings, the court shall also report the dismissal to the

secretary of state.

(6) As used in subsections (7) to (9), "felony in which a

motor vehicle was used" means a felony during the commission of

which the person 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:

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

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

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

felony.

(7) If a person is charged with a felony in which a motor

vehicle was used, other than a felony specified in subsection (4)

or section 319, the prosecuting attorney shall include the

following statement on the complaint and information filed in

district or circuit court:

"You are charged with the commission of a felony in which a

motor vehicle was used. If you are convicted and the judge finds

that the conviction is for a felony in which a motor vehicle was

used, as defined in section 319 of the Michigan vehicle code, 1949

PA 300, MCL 257.319, your driver's license shall be suspended by

the secretary of state.".

(8) If a juvenile is accused of an act, the nature of which

constitutes a felony in which a motor vehicle was used, other than

a felony specified in subsection (4) or section 319, the

prosecuting attorney or family division of circuit court shall

include the following statement on the petition filed in the court:

"You are accused of an act the nature of which constitutes a

felony in which a motor vehicle was used. If the accusation is

found to be true and the judge or referee finds that the nature of

the act constitutes a felony in which a motor vehicle was used, as

defined in section 319 of the Michigan vehicle code, 1949 PA 300,

MCL 257.319, your driver's license shall be suspended by the

secretary of state.".

(9) If the court determines as part of the sentence or

disposition that the felony for which the person was convicted or

adjudicated and with respect to which notice was given under

subsection (7) or (8) is a felony in which a motor vehicle was

used, the clerk of the court shall forward an abstract of the court

record of that conviction to the secretary of state.

(10) As used in subsections (11) and (12), "felony in which a

commercial motor vehicle was used" means a felony during the

commission of which the person operated a commercial motor vehicle

and while the person was operating the vehicle 1 or more of the

following circumstances existed:

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

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

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

felony.

(11) If a person is charged with a felony in which a

commercial motor vehicle was used and for which a vehicle group

designation on a license is subject to suspension or revocation

under section 319b(1)(c)(iii), 319b(1)(d), 319b(1)(e)(iii), or

319b(1)(f)(i), the prosecuting attorney shall include the following

statement on the complaint and information filed in district or

circuit court:

"You are charged with the commission of a felony in which a

commercial motor vehicle was used. If you are convicted and the

judge finds that the conviction is for a felony in which a

commercial motor vehicle was used, as defined in section 319b of

the Michigan vehicle code, 1949 PA 300, MCL 257.319b, all vehicle

group designations on your driver's license shall be suspended or

revoked by the secretary of state.".

(12) If the judge determines as part of the sentence that the

felony for which the defendant was convicted and with respect to

which notice was given under subsection (11) is a felony in which a

commercial motor vehicle was used, the clerk of the court shall

forward an abstract of the court record of that conviction to the

secretary of state.

(13) Every person required to forward abstracts to the

secretary of state under this section shall certify for the period

from January 1 through June 30 and for the period from July 1

through December 31 that all abstracts required to be forwarded

during the period have been forwarded. The certification shall be

filed with the secretary of state not later than 28 days after the

end of the period covered by the certification. The certification

shall be made upon a form furnished by the secretary of state and

shall include all of the following:

(a) The name and title of the person required to forward

abstracts.

(b) The court for which the certification is filed.

(d) The following statement:

"I certify that all abstracts required by section 732 of the

Michigan vehicle code, MCL 257.732; MSA 9.2432, for the period

________________ through ______________ have been forwarded to the

secretary of state.".

(e) Other information the secretary of state considers

necessary.

(f) The signature of the person required to forward abstracts.

(14) The failure, refusal, or neglect of a person to comply

with this section constitutes misconduct in office and is grounds

for removal from office.

(15) Except as provided in subsection (16), the secretary of

state shall keep all abstracts received under this section at the

secretary of state's main office and the abstracts shall be open

for public inspection during the office's usual business hours.

Each abstract shall be entered upon the master driving record of

the person to whom it pertains.

(16) Except for controlled substance offenses described in

subsection (4), the court shall not submit, and the secretary of

state shall discard and not enter on the master driving record, an

abstract for a conviction or civil infraction determination for any

of the following violations:

(a) The parking or standing of a vehicle.

(b) A nonmoving violation that is not the basis for the

secretary of state's suspension, revocation, or denial of an

operator's or chauffeur's license.

secretary of state's suspension, revocation, or denial of an

operator's or chauffeur's license.

(d) 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.

(e) A violation of section 710e or a local ordinance

substantially corresponding to section 710e.

(f) A violation of section 328(1) if, before the appearance

date on the citation, the person submits proof to the court that

the motor vehicle had insurance meeting the requirements of

sections 3101 and 3102 of the insurance code of 1956, 1956 PA 218,

MCL 500.3101 and 500.3102, at the time the citation was issued.

Insurance obtained subsequent to the time of the violation does not

make the violation an exception under this subsection.

(g) A violation described in section 319b(10)(b)(vii) if,

before the court appearance date or date fines are to be paid, the

person submits proof to the court that he or she held a valid

commercial driver license on the date the citation was issued.

(h) A violation of section 311 if the person was driving a

noncommercial vehicle and, before the court appearance date or the

date fines are to be paid, the person submits proof to the court

that he or she held a valid driver license on the date the citation

was issued.

(17) Except as otherwise provided in this subsection, the

secretary of state shall discard and not enter on the master

driving record an abstract for a bond forfeiture that occurred

outside this state. The secretary of state shall enter on the

master driving record an abstract for a conviction as defined in

section 8a(b) that occurred outside this state in connection with

the operation of a commercial motor vehicle or for a conviction of

a person licensed as a commercial motor vehicle driver.

(18) The secretary of state shall inform the courts of this

state of the nonmoving violations and violations of chapter II that

are used by the secretary of state as the basis for the suspension,

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

license.

(19) If a conviction or civil infraction determination is

reversed upon appeal, the person whose conviction or determination

has been reversed may serve on the secretary of state a certified

copy of the order of reversal. The secretary of state shall enter

the order in the proper book or index in connection with the record

of the conviction or civil infraction determination.

(20) The secretary of state may permit a city or village

department, bureau, person, or court to modify the requirement as

to the time and manner of reporting a conviction, civil infraction

determination, or settlement to the secretary of state if the

modification will increase the economy and efficiency of collecting

and utilizing the records. If the permitted abstract of court

record reporting a conviction, civil infraction determination, or

settlement originates as a part of the written notice to appear,

authorized in section 728(1) or 742(1), the form of the written

notice and report shall be as prescribed by the secretary of state.

(21) Notwithstanding any other law of this state, a court

shall not take under advisement an offense committed by a person

while operating a commercial motor vehicle or by a person licensed

to drive a commercial motor vehicle while operating a noncommercial

motor vehicle at the time of the offense, for which this act

requires a conviction or civil infraction determination to be

reported to the secretary of state. A conviction or civil

infraction determination that is the subject of this subsection

shall not be masked, delayed, diverted, suspended, or suppressed by

a court. Upon a conviction or civil infraction determination, the

conviction or civil infraction determination shall immediately be

reported to the secretary of state in accordance with this section.

(22) Except as provided in this act and notwithstanding any

other provision of law, a court shall not order expunction of any

violation reportable to the secretary of state under this section.

Sec. 732a. (1) An individual, whether licensed or not, who

accumulates 7 or more points on his or her driving record pursuant

to sections 320a and 629c within a 2-year period for any violation

not listed under subsection (2) shall be assessed a $100.00 driver

responsibility fee. For each additional point accumulated above 7

points not listed under subsection (2), an additional fee of $50.00

shall be assessed. The secretary of state shall collect the fees

described in this subsection once each year that the point total on

an individual driving record is 7 points or more.

(2) An individual, whether licensed or not, who violates any

of the following sections or another law or local ordinance that

substantially corresponds to those sections shall be assessed a

driver responsibility fee as follows:

(a) Upon posting of an abstract that an individual has been

found guilty for a violation of law listed or described in this

subdivision, the secretary of state shall assess a $1,000.00 driver

responsibility fee each year for 2 consecutive years:

(i) Manslaughter, negligent homicide, or a felony resulting

from the operation of a motor vehicle, ORV, or snowmobile.

(ii) Section 601b(2) or (3), 601c(1) or (2), or 653a(3) or (4).

(iii) Section 625(1), (4), or (5), section 625m, or section

81134 of the natural resources and environmental protection act,

1994 PA 451, MCL 324.81134, or a law or ordinance substantially

corresponding to section 625(1), (4), or (5), section 625m, or

section 81134 of the natural resources and environmental protection

act, 1994 PA 451, MCL 324.81134.

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

accident when required by law.

(v) Fleeing or eluding an officer.

(b) Upon posting of an abstract that an individual has been

found guilty for a violation of law listed in this subdivision, the

secretary of state shall assess a $500.00 driver responsibility fee

each year for 2 consecutive years:

(i) Section 625(3), (6), (7), or (8), or (9).

(ii) Section 626.

(iii) Section 904.

(iv) Section 3101, 3102(1), or 3103 of the insurance code of

1956, 1956 PA 218, MCL 500.3101, 500.3102, and 500.3103.

found guilty for a violation of section 301, the secretary of state

shall assess a $150.00 driver responsibility fee each year for 2

consecutive years.

(d) Subject to subsection (8), upon posting of an abstract

that an individual has been found guilty or determined responsible

for a violation listed in section 328, the secretary of state shall

assess a $200.00 driver responsibility fee each year for 2

consecutive years.

(3) The secretary of state shall send a notice of the driver

responsibility assessment, as prescribed under subsection (1) or

(2), to the individual by regular mail to the address on the

records of the secretary of state. If payment is not received

within 30 days after the notice is mailed, the secretary of state

shall send a second notice that indicates that if payment is not

received within the next 30 days, the driver's driving privileges

will be suspended.

(4) The secretary of state may authorize payment by

installment for an amount of $500.00 or more for a period not to

exceed 12 months.

(5) If payment is not received or an installment plan is not

established after the time limit required by the second notice

prescribed under subsection (3) expires, the secretary of state

shall suspend the driving privileges until the assessment and any

other fees prescribed under this act are paid.

(6) A fee shall not be assessed under this section for 7

points or more on a driving record on October 1, 2003. Points

assigned after October 1, 2003 shall be assessed as prescribed

under subsections (1) and (2).

(7) A driver responsibility fee shall be assessed under this

section in the same manner for a conviction or determination of

responsibility for a violation or an attempted violation of a law

of this state, of a local ordinance substantially corresponding to

a law of this state, or of a law of another state substantially

corresponding to a law of this state.

(8) Not more than 60 days after the effective date of the

amendatory act that added this subsection, if an individual who was

issued a citation for a violation of section 328(1) for failing to

produce a certificate of insurance from October 1, 2003 until the

date the amendatory act that added this subsection takes effect

presents a certificate of insurance that was in effect at the time

the individual was issued the citation to the court that forwarded

the abstract, the court shall rescind the abstract. After the court

rescinds the abstract as described in this subsection, the court

shall notify the secretary of state, which shall refund, waive, or

both refund and waive the driver responsibility fee corresponding

to the violation, as appropriate.

(9) The fire protection fund is created within the state

treasury. The state treasurer may receive money or other assets

from any source for deposit into the fund. The state treasurer

shall direct the investment of the fund. The state treasurer shall

credit to the fund interest and earnings from fund investments.

Money in the fund at the close of the fiscal year shall remain in

the fund and shall not lapse to the general fund. The department of

consumer and industry services shall expend money from the fund,

upon appropriation, only for fire protection grants to cities,

villages, and townships with state owned facilities for fire

services, as provided in 1977 PA 289, MCL 141.951 to 141.956.

(10) The secretary of state shall transmit the fees collected

under this section to the state treasurer. The state treasurer

shall credit fee money received under this section in each fiscal

year as follows:

(a) The first $65,000,000.00 shall be credited to the general

fund.

(b) If more than $65,000,000.00 is collected under this

section, the next amount collected in excess of $65,000,000.00 up

to $68,500,000.00 shall be credited to the fire protection fund

created in this section.

section, the next amount collected in excess of $100,000,000.00 up

to $105,000,000.00 shall be credited to the fire protection fund

created in this section.

(d) Any amount collected after crediting the amounts under

subdivisions (a), (b), and (c) shall be credited to the general

fund.

(11) For fiscal year 2003-2004, $3,500,000.00 is appropriated

from the fire protection fund described in subsection (9) to the

department of consumer and industry services for the purposes

described under subsection (9).

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

(a) For a conviction under section 625(1), (3), ~~(7), or~~ (6),

(8), or (9) 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.

~~(7), or~~ (6), (8), or (9) 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 conviction under section 625(1), (3), (4), (5),

~~(7), or~~ (6), (8), or (9) 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.

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.

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.

(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