February 20, 2007, Introduced by Reps. Constan, Polidori, Miller, Vagnozzi and Johnson and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 319, 322, 625, 625k, 625l, and 904 (MCL
257.319, 257.322, 257.625, 257.625k, 257.625l, and 257.904),
sections 319 and 904 as amended by 2004 PA 362, section 322 as
amended by 2001 PA 159, section 625 as amended by 2006 PA 564, and
sections 625k and 625l as amended by 2003 PA 61, and by adding
sections 20b and 323f.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 20b. "Ignition interlock device" means an alcohol
concentration measuring device that prevents a motor vehicle from
being started at any time without first determining through a deep
lung sample the operator's alcohol level, calibrated so that the
motor vehicle cannot be started if the breath alcohol level of the
operator, as measured by the test, reaches a level of 0.025 grams
per 210 liters of breath, and to which all of the following apply:
(a) The device is based on alcohol-specific electrochemical
fuel cell sensor technology that meets or exceeds the model
specifications for breath alcohol ignition interlock devices
(BAIID), 57 FR 11772 - 11787 (April 7, 1992).
(b) The device includes at least 1 of the following
anticircumvention features:
(i) Hum tone.
(ii) Breath pattern, including, but not limited to, inhale.
(iii) Positive identification by picture, retina, DNA, or other
technology approved by the secretary of state.
Sec. 319. (1) The secretary of state shall immediately suspend
a person's license as provided in this section upon receiving a
record of the person's conviction for a crime described in this
section, whether the conviction is under a law of this state, a
local ordinance substantially corresponding to a law of this state,
or a law of another state substantially corresponding to a law of
this state.
(2) The secretary of state shall suspend the person's license
for 1 year for any of the following crimes:
(a) Fraudulently altering or forging documents pertaining to
motor vehicles in violation of section 257.
(b) A violation of section 413 of the Michigan penal code,
1931 PA 328, MCL 750.413.
(c) A violation of section 1 of former 1931 PA 214, MCL
752.191, or section 626c.
(d) A felony in which a motor vehicle was used. As used in
this section, "felony in which a motor vehicle was used" means a
felony during the commission of which the person convicted operated
a motor vehicle and while operating the vehicle presented real or
potential harm to persons or property and 1 or more of the
following circumstances existed:
(i) The vehicle was used as an instrument of the felony.
(ii) The vehicle was used to transport a victim of the felony.
(iii) The vehicle was used to flee the scene of the felony.
(iv) The vehicle was necessary for the commission of the
felony.
(e) A violation of section 602a(2) or (3) of this act or
section 479a(2) or (3) of the Michigan penal code, 1931 PA 328, MCL
750.479a.
(3) The secretary of state shall suspend the person's license
for 90 days for any of the following crimes:
(a) Failing to stop and disclose identity at the scene of an
accident resulting in injury in violation of section 617a.
(b) A violation of section 601b(2), section 601c(1), section
626, or section 653a(3).
(c) Malicious destruction resulting from the operation of a
vehicle under section 382(1)(b), (c), or (d) of the Michigan penal
code, 1931 PA 328, MCL 750.382.
(d) A violation of section 703(2) of the Michigan liquor
control code of 1998, 1998 PA 58, MCL 436.1703.
(4) The secretary of state shall suspend the person's license
for 30 days for malicious destruction resulting from the operation
of a vehicle under section 382(1)(a) of the Michigan penal code,
1931 PA 328, MCL 750.382.
(5) For perjury or making a false certification to the
secretary of state under any law requiring the registration of a
motor vehicle or regulating the operation of a vehicle on a
highway, or for conduct prohibited under section 324(1) or a local
ordinance substantially corresponding to section 324(1), the
secretary shall suspend the person's license as follows:
(a) If the person has no prior conviction for an offense
described in this subsection within 7 years, for 90 days.
(b) If the person has 1 or more prior convictions for an
offense described in this subsection within 7 years, for 1 year.
(6) For a violation of section 414 of the Michigan penal code,
1931 PA 328, MCL 750.414, the secretary of state shall suspend the
person's license as follows:
(a) If the person has no prior conviction for that offense
within 7 years, for 90 days.
(b) If the person has 1 or more prior convictions for that
offense within 7 years, for 1 year.
(7) For a violation of section 624a or 624b of this act or
section 703(1) of the Michigan liquor control code of 1998, 1998 PA
58, MCL 436.1703, the secretary of state shall suspend the person's
license as follows:
(a) If the person has 1 prior conviction for an offense
described in this subsection or section 33b(1) of former 1933 (Ex
Sess) PA 8, for 90 days. The secretary of state may issue the
person a restricted license after the first 30 days of suspension.
(b) If the person has 2 or more prior convictions for an
offense described in this subsection or section 33b(1) of former
1933 (Ex Sess) PA 8, for 1 year. The secretary of state may issue
the person a restricted license after the first 60 days of
suspension.
(8) The secretary of state shall suspend the person's license
for a violation of section 625 or 625m as follows:
(a) For 180 days for a violation of section 625(1) or (8) if
the person has no prior convictions within 7 years. The secretary
of state may issue the person a restricted license during a
specified portion of the suspension, except that the secretary of
state shall not issue a restricted license during the first 30 days
of suspension.
(b) For 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.
(c) For 30 days for a violation of section 625(6) if the
person has no prior convictions within 7 years. The secretary of
state may issue the person a restricted license during all or a
specified portion of the suspension.
(d) For 90 days for a violation of section 625(6) if the
person has 1 or more prior convictions for that offense within 7
years.
(e) For 180 days for a violation of section 625(7) if the
person has no prior convictions within 7 years. The secretary of
state may issue the person a restricted license after the first 90
days of suspension.
(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.
(g) For 1 year for a violation of section 625(1)(c) if the
person has no prior convictions within 7 years. The secretary of
state shall 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 45 days
of suspension.
(9) For a violation of section 367c of the Michigan penal
code, 1931 PA 328, MCL 750.367c, the secretary of state shall
suspend the person's license as follows:
(a) If the person has no prior conviction for an offense
described in this subsection within 7 years, for 6 months.
(b) If the person has 1 or more convictions for an offense
described in this subsection within 7 years, for 1 year.
(10) For a violation of section 315(4), the secretary of state
may suspend the person's license for 6 months.
(11) For a violation or attempted violation of section 411a(2)
of the Michigan penal code, 1931 PA 328, MCL 750.411a, involving a
school, the secretary of state shall suspend the license of a
person 14 years of age or over but less than 21 years of age until
3 years after the date of the conviction or juvenile disposition
for the violation. The secretary of state may issue the person a
restricted license after the first 365 days of suspension.
(12) Except as provided in subsection (14), a suspension under
this section shall be imposed notwithstanding a court order unless
the court order complies with section 323.
(13) If the secretary of state receives records of more than 1
conviction of a person resulting from the same incident, a
suspension shall be imposed only for the violation to which the
longest period of suspension applies under this section.
(14) The secretary of state may waive a restriction,
suspension, or revocation of a person's license imposed under this
act if the person submits proof that a court in another state
revoked, suspended, or restricted his or her license for a period
equal to or greater than the period of a restriction, suspension,
or revocation prescribed under this act for the violation and that
the revocation, suspension, or restriction was served for the
violation, or may grant a restricted license.
(15) The secretary of state shall not issue a restricted
license to a person whose license is suspended under this section
unless a restricted license is authorized under this section and
the person is otherwise eligible for a license.
(16) The secretary of state shall not issue a restricted
license to a person under subsection (8) that would permit the
person to operate a commercial motor vehicle.
(17) A restricted license issued under this section shall
permit the person to whom it is issued to take any driving skills
test required by the secretary of state and to drive under 1 or
more of the following circumstances:
(a) In the course of the person's employment or occupation.
(b) To and from any combination of the following:
(i) The person's residence.
(ii) The person's work location.
(iii) An alcohol or drug education or treatment program as
ordered by the court.
(iv) The court probation department.
(v) A court-ordered community service program.
(vi) An educational institution at which the person is enrolled
as a student.
(vii) A place of regularly occurring medical treatment for a
serious condition for the person or a member of the person's
household or immediate family.
(18) While driving with a restricted license, the person shall
carry proof of his or her destination and the hours of any
employment, class, or other reason for traveling and shall display
that proof upon a peace officer's request.
(19) Subject to subsection (21), as used in subsection (8),
"prior conviction" means a conviction for any of the following,
whether under a law of this state, a local ordinance substantially
corresponding to a law of this state, or a law of another state
substantially corresponding to a law of this state:
(a) Except as provided in subsection (20), a violation or
attempted violation of any of the following:
(i) Section 625, except a violation of section 625(2), or a
violation of any prior enactment of section 625 in which the
defendant operated a vehicle while under the influence of
intoxicating or alcoholic liquor or a controlled substance, or a
combination of intoxicating or alcoholic liquor and a controlled
substance, or while visibly impaired, or with an unlawful bodily
alcohol content.
(ii) Section 625m.
(iii) Former section 625b.
(b) Negligent homicide, manslaughter, or murder resulting from
the operation of a vehicle or an attempt to commit any of those
crimes.
(20) Except for purposes of the suspensions described in
subsection (8)(c) and (d), only 1 violation or attempted violation
of section 625(6), a local ordinance substantially corresponding to
section 625(6), or a law of another state substantially
corresponding to section 625(6) may be used as a prior conviction.
(21) If 2 or more convictions described in subsection (19) are
convictions for violations arising out of the same transaction,
only 1 conviction shall be used to determine whether the person has
a prior conviction.
Sec. 322. (1) The secretary of state shall appoint a hearing
officer to hear appeals from persons aggrieved by a final
determination of the secretary of state denying an application for
an operator's or chauffeur's license, suspending, restricting, or
revoking an operator's or chauffeur's license, or other license
action.
(2) The appeal shall be in writing and filed with the
secretary of state within 14 days after the final determination.
Upon notice of the appeal, the hearing officer shall require
production of all documents filed in the matter, together with a
transcript of any testimony taken.
(3) In a hearing or matter properly before the hearing
officer, he or she may do any of the following:
(a) Issue subpoenas to compel attendance of witnesses.
(b) Issue process to compel attendance.
(c) Punish for contempt any witness failing to appear or
testify in the same manner as provided by the rules and practice in
the circuit court.
(d) Swear witnesses, administer oaths, and exemplify records
in any matter before the officer.
(e) Take additional testimony he or she considers appropriate.
(4) A verbatim record shall be made of the hearing.
(5) After a hearing, the hearing officer may affirm, modify,
or set aside a final determination of the secretary of state
denying an application for an operator's or chauffeur's license,
suspending, restricting, or revoking an operator's or chauffeur's
license, or any other license action. The hearing officer shall
include his or her findings of fact and conclusions of law in the
record.
(6) Except as provided in subsection (7), if a person whose
license has been denied or revoked under section 303(2)(c), (d), or
(g) applies for a license or reinstatement of a license after the
time period specified in section 303(4) has elapsed, the hearing
officer may issue a restricted license to that person, setting
restrictions upon operating a vehicle as the hearing officer
determines are appropriate. If the hearing officer issues a
restricted license following a hearing held after October 1, 1999,
he or she shall do both of the following:
(a)
Require installation of a properly
installed and
functioning
ignition interlock device that meets or exceeds the
model
specifications of the national highway traffic safety
administration
set forth in 57 F.R. p.11772, April 7, 1992, on each
motor vehicle the person owns or intends to operate, the costs of
which shall be borne by the person whose license is restricted.
(b) Condition issuance of a restricted license upon
verification by the secretary of state that an ignition interlock
device has been installed.
(7) The hearing officer shall not issue a restricted license
under subsection (6) that would permit the person to operate a
commercial motor vehicle that hauls hazardous material.
(8) If the hearing officer issues a restricted license to a
person who intends to operate a vehicle owned by his or her
employer, the secretary of state shall notify the employer of the
employee's license restriction that requires the installation of an
ignition interlock device. An employer who receives notice under
this subsection is not required to install an ignition interlock
device on the employer-owned vehicle. This subsection does not
apply to a vehicle that is operated by a self-employed individual
who uses the vehicle for both business and personal use.
(9) If the hearing officer issues a restricted license
requiring an ignition interlock device, the initial period for
requiring
the device shall be not less than
1 year. After that
time,
The device shall not be
removed until the hearing officer may
continue
orders the ignition interlock device requirement for any
length
of time removed.
Sec. 323f. Subject to section 322, when the hearing officer
issues a restricted license to a person who was convicted of
violating section 625(1)(c), all of the following apply:
(a) Subject to the 1-year period described in section 322(9),
the ignition interlock device shall not be removed until the person
has operated a motor vehicle for a period of not less than 6
continuous months with no instances of reaching or exceeding an
alcohol level of 0.025 grams per 210 liters of breath.
(b) Unless the person provides the secretary of state with
verification that the person has operated a motor vehicle for the
period of not less than 6 continuous months as described in
subdivision (a), the ignition interlock device shall be continued,
along with any other treatment ordered under subdivision (c), for 6
additional months.
(c) The hearing officer shall order the individual to
participate in and complete an assessment and a treatment program.
An individual ordered to complete an assessment and a treatment
program under this subdivision shall pay all program fees.
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.
(c) The person has an alcohol content of 0.15 grams or more
per 100 milliliters of blood, for 210 liters of breath, or per 67
milliliters of urine.
(2) The owner of a vehicle or a person in charge or in control
of a vehicle shall not authorize or knowingly permit the vehicle to
be operated upon a highway or other place open to the general
public or generally accessible to motor vehicles, including an area
designated for the parking of motor vehicles, within this state by
a person if any of the following apply:
(a) The person is under the influence of alcoholic liquor, a
controlled substance, or a combination of alcoholic liquor and a
controlled substance.
(b) The person has an alcohol content of 0.08 grams or more
per 100 milliliters of blood, per 210 liters of breath, or per 67
milliliters of urine or, beginning October 1, 2013, the person has
an alcohol content of 0.10 grams or more per 100 milliliters of
blood, per 210 liters of breath, or per 67 milliliters of urine.
(c) The person's ability to operate the motor vehicle is
visibly impaired due to the consumption of alcoholic liquor, a
controlled substance, or a combination of alcoholic liquor and a
controlled substance.
(3) A person, whether licensed or not, shall not operate a
vehicle upon a highway or other place open to the general public or
generally accessible to motor vehicles, including an area
designated for the parking of vehicles, within this state when, due
to the consumption of alcoholic liquor, a controlled substance, or
a combination of alcoholic liquor and a controlled substance, the
person's ability to operate the vehicle is visibly impaired. If a
person is charged with violating subsection (1), a finding of
guilty under this subsection may be rendered.
(4) A person, whether licensed or not, who operates a motor
vehicle in violation of subsection (1), (3), or (8) and by the
operation of that motor vehicle causes the death of another person
is guilty of a crime as follows:
(a) Except as provided in subdivision (b), the person is
guilty of a felony punishable by imprisonment for not more than 15
years or a fine of not less than $2,500.00 or more than $10,000.00,
or both. The judgment of sentence may impose the sanction permitted
under section 625n. If the vehicle is not ordered forfeited under
section 625n, the court shall order vehicle immobilization under
section 904d in the judgment of sentence.
(b) If, at the time of the violation, the person is operating
a motor vehicle in a manner proscribed under section 653a and
causes the death of a police officer, firefighter, or other
emergency response personnel, the person is guilty of a felony
punishable by imprisonment for not more than 20 years or a fine of
not less than $2,500.00 or more than $10,000.00, or both. This
subdivision applies regardless of whether the person is charged
with the violation of section 653a. The judgment of sentence may
impose the sanction permitted under section 625n. If the vehicle is
not ordered forfeited under section 625n, the court shall order
vehicle immobilization under section 904d in the judgment of
sentence.
(5) A person, whether licensed or not, who operates a motor
vehicle in violation of subsection (1), (3), or (8) and by the
operation of that motor vehicle causes a serious impairment of a
body function of another person is guilty of a felony punishable by
imprisonment for not more than 5 years or a fine of not less than
$1,000.00 or more than $5,000.00, or both. The judgment of sentence
may impose the sanction permitted under section 625n. If the
vehicle is not ordered forfeited under section 625n, the court
shall order vehicle immobilization under section 904d in the
judgment of sentence.
(6) A person who is less than 21 years of age, whether
licensed or not, shall not operate a vehicle upon a highway or
other place open to the general public or generally accessible to
motor vehicles, including an area designated for the parking of
vehicles, within this state if the person has any bodily alcohol
content. As used in this subsection, "any bodily alcohol content"
means either of the following:
(a) An alcohol content of 0.02 grams or more but less than
0.08 grams per 100 milliliters of blood, per 210 liters of breath,
or per 67 milliliters of urine, or, beginning October 1, 2013, the
person has an alcohol content of 0.02 grams or more but less than
0.10 grams per 100 milliliters of blood, per 210 liters of breath,
or per 67 milliliters of urine.
(b) Any presence of alcohol within a person's body resulting
from the consumption of alcoholic liquor, other than consumption of
alcoholic liquor as a part of a generally recognized religious
service or ceremony.
(7) A person, whether licensed or not, is subject to the
following requirements:
(a) He or she shall not operate a vehicle in violation of
subsection (1), (3), (4), (5), or (8) while another person who is
less than 16 years of age is occupying the vehicle. A person who
violates this subdivision is guilty of a crime punishable as
follows:
(i) Except as provided in subparagraph (ii), a person who
violates this subdivision is guilty of a misdemeanor and shall be
sentenced to pay a fine of not less than $200.00 or more than
$1,000.00 and to 1 or more of the following:
(A) Imprisonment for not less than 5 days or more than 1 year.
Not less than 48 hours of this imprisonment shall be served
consecutively. This term of imprisonment shall not be suspended.
(B) Community service for not less than 30 days or more than
90 days.
(ii) If the violation occurs within 7 years of a prior
conviction or after 2 or more prior convictions, regardless of the
number of years that have elapsed since any prior conviction, a
person who violates this subdivision is guilty of a felony and
shall be sentenced to pay a fine of not less than $500.00 or more
than $5,000.00 and to either of the following:
(A) Imprisonment under the jurisdiction of the department of
corrections for not less than 1 year or more than 5 years.
(B) Probation with imprisonment in the county jail for not
less than 30 days or more than 1 year and community service for not
less than 60 days or more than 180 days. Not less than 48 hours of
this imprisonment shall be served consecutively. This term of
imprisonment shall not be suspended.
(b) He or she shall not operate a vehicle in violation of
subsection (6) while another person who is less than 16 years of
age is occupying the vehicle. A person who violates this
subdivision is guilty of a misdemeanor punishable as follows:
(i) Except as provided in subparagraph (ii), a person who
violates this subdivision may be sentenced to 1 or more of the
following:
(A) Community service for not more than 60 days.
(B) A fine of not more than $500.00.
(C) Imprisonment for not more than 93 days.
(ii) If the violation occurs within 7 years of a prior
conviction or after 2 or more prior convictions, regardless of the
number of years that have elapsed since any prior conviction, a
person who violates this subdivision shall be sentenced to pay a
fine of not less than $200.00 or more than $1,000.00 and to 1 or
more of the following:
(A) Imprisonment for not less than 5 days or more than 1 year.
Not less than 48 hours of this imprisonment shall be served
consecutively. This term of imprisonment shall not be suspended.
(B) Community service for not less than 30 days or more than
90 days.
(c) In the judgment of sentence under subdivision (a)(i) or
(b)(i), the court may, unless the vehicle is ordered forfeited under
section 625n, order vehicle immobilization as provided in section
904d. In the judgment of sentence under subdivision (a)(ii) or
(b)(ii), the court shall, unless the vehicle is ordered forfeited
under section 625n, order vehicle immobilization as provided in
section 904d.
(d) This subsection does not prohibit a person from being
charged with, convicted of, or punished for a violation of
subsection (4) or (5) that is committed by the person while
violating this subsection. However, points shall not be assessed
under section 320a for both a violation of subsection (4) or (5)
and a violation of this subsection for conduct arising out of the
same transaction.
(8) A person, whether licensed or not, shall not operate a
vehicle upon a highway or other place open to the general public or
generally accessible to motor vehicles, including an area
designated for the parking of vehicles, within this state if the
person has in his or her body any amount of a controlled substance
listed in schedule 1 under section 7212 of the public health code,
1978 PA 368, MCL 333.7212, or a rule promulgated under that
section, or of a controlled substance described in section
7214(a)(iv) of the public health code, 1978 PA 368, MCL 333.7214.
(9) If a person is convicted of violating subsection (1) or
(8), all of the following apply:
(a) Except as otherwise provided in subdivisions (b) and (c),
the person is guilty of a misdemeanor punishable by 1 or more of
the following:
(i) Community service for not more than 360 hours.
(ii) Imprisonment for not more than 93 days.
(iii) A fine of not less than $100.00 or more than $500.00.
(b) If the violation occurs within 7 years of a prior
conviction, the person shall be sentenced to pay a fine of not less
than $200.00 or more than $1,000.00 and 1 or more of the following:
(i) Imprisonment for not less than 5 days or more than 1 year.
Not less than 48 hours of the term of imprisonment imposed under
this subparagraph shall be served consecutively.
(ii) Community service for not less than 30 days or more than
90 days.
(c) If the violation occurs after 2 or more prior convictions,
regardless of the number of years that have elapsed since any prior
conviction, 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
(c) shall not be suspended.
(e) In the judgment of sentence under subdivision (a), the
court may order vehicle immobilization as provided in section 904d.
In the judgment of sentence under subdivision (b) or (c), the court
shall, unless the vehicle is ordered forfeited under section 625n,
order vehicle immobilization as provided in section 904d.
(f) In the judgment of sentence under subdivision (b) or (c),
the court may impose the sanction permitted under section 625n.
(10) A person who is convicted of violating subsection (2) is
guilty of a crime as follows:
(a) Except as provided in subdivisions (b) and (c), a
misdemeanor punishable by imprisonment for not more than 93 days or
a fine of not less than $100.00 or more than $500.00, or both.
(b) If the person operating the motor vehicle violated
subsection (4), a felony punishable by imprisonment for not more
than 5 years or a fine of not less than $1,500.00 or more than
$10,000.00, or both.
(c) If the person operating the motor vehicle violated
subsection (5), a felony punishable by imprisonment for not more
than 2 years or a fine of not less than $1,000.00 or more than
$5,000.00, or both.
(11) If a person is convicted of violating subsection (3), all
of the following apply:
(a) Except as otherwise provided in subdivisions (b) and (c),
the person is guilty of a misdemeanor punishable by 1 or more of
the following:
(i) Community service for not more than 360 hours.
(ii) Imprisonment for not more than 93 days.
(iii) A fine of not more than $300.00.
(b) If the violation occurs within 7 years of 1 prior
conviction, the person shall be sentenced to pay a fine of not less
than $200.00 or more than $1,000.00, and 1 or more of the
following:
(i) Imprisonment for not less than 5 days or more than 1 year.
Not less than 48 hours of the term of imprisonment imposed under
this subparagraph shall be served consecutively.
(ii) Community service for not less than 30 days or more than
90 days.
(c) If the violation occurs after 2 or more prior convictions,
regardless of the number of years that have elapsed since any prior
conviction, the person is guilty of a felony and shall be sentenced
to pay a fine of not less than $500.00 or more than $5,000.00 and
either of the following:
(i) Imprisonment under the jurisdiction of the department of
corrections for not less than 1 year or more than 5 years.
(ii) Probation with imprisonment in the county jail for not
less than 30 days or more than 1 year and community service for not
less than 60 days or more than 180 days. Not less than 48 hours of
the imprisonment imposed under this subparagraph shall be served
consecutively.
(d) A term of imprisonment imposed under subdivision (b) or
(c) shall not be suspended.
(e) In the judgment of sentence under subdivision (a), the
court may order vehicle immobilization as provided in section 904d.
In the judgment of sentence under subdivision (b) or (c), the court
shall, unless the vehicle is ordered forfeited under section 625n,
order vehicle immobilization as provided in section 904d.
(f) In the judgment of sentence under subdivision (b) or (c),
the court may impose the sanction permitted under section 625n.
(12) If a person is convicted of violating subsection (6), all
of the following apply:
(a) Except as otherwise provided in subdivision (b), the
person is guilty of a misdemeanor punishable by 1 or both of the
following:
(i) Community service for not more than 360 hours.
(ii) A fine of not more than $250.00.
(b) If the violation occurs within 7 years of 1 or more prior
convictions, the person may be sentenced to 1 or more of the
following:
(i) Community service for not more than 60 days.
(ii) A fine of not more than $500.00.
(iii) Imprisonment for not more than 93 days.
(13) In addition to imposing the sanctions prescribed under
this section, the court may order the person to pay the costs of
the prosecution under the code of criminal procedure, 1927 PA 175,
MCL 760.1 to 777.69.
(14) A person sentenced to perform community service under
this section shall not receive compensation and shall reimburse the
state or appropriate local unit of government for the cost of
supervision incurred by the state or local unit of government as a
result of the person's activities in that service.
(15) If the prosecuting attorney intends to seek an enhanced
sentence under this section or a sanction under section 625n based
upon the defendant having 1 or more prior convictions, the
prosecuting attorney shall include on the complaint and
information, or an amended complaint and information, filed in
district court, circuit court, municipal court, or family division
of circuit court, a statement listing the defendant's prior
convictions.
(16) If a person is charged with a violation of subsection
(1), (3), (4), (5), (7), or (8) or section 625m, the court shall
not permit the defendant to enter a plea of guilty or nolo
contendere to a charge of violating subsection (6) in exchange for
dismissal of the original charge. This subsection does not prohibit
the court from dismissing the charge upon the prosecuting
attorney's motion.
(17) A prior conviction shall be established at sentencing by
1 or more of the following:
(a) A copy of a judgment of conviction.
(b) An abstract of conviction.
(c) A transcript of a prior trial or a plea-taking or
sentencing proceeding.
(d) A copy of a court register of actions.
(e) A copy of the defendant's driving record.
(f) Information contained in a presentence report.
(g) An admission by the defendant.
(18) Except as otherwise provided in subsection (20), if a
person is charged with operating a vehicle while under the
influence of a controlled substance or a combination of alcoholic
liquor and a controlled substance in violation of subsection (1) or
a local ordinance substantially corresponding to subsection (1),
the court shall require the jury to return a special verdict in the
form of a written finding or, if the court convicts the person
without a jury or accepts a plea of guilty or nolo contendere, the
court shall make a finding as to whether the person was under the
influence of a controlled substance or a combination of alcoholic
liquor and a controlled substance at the time of the violation.
(19) Except as otherwise provided in subsection (20), if a
person is charged with operating a vehicle while his or her ability
to operate the vehicle was visibly impaired due to his or her
consumption of a controlled substance or a combination of alcoholic
liquor and a controlled substance in violation of subsection (3) or
a local ordinance substantially corresponding to subsection (3),
the court shall require the jury to return a special verdict in the
form of a written finding or, if the court convicts the person
without a jury or accepts a plea of guilty or nolo contendere, the
court shall make a finding as to whether, due to the consumption of
a controlled substance or a combination of alcoholic liquor and a
controlled substance, the person's ability to operate a motor
vehicle was visibly impaired at the time of the violation.
(20) A special verdict described in subsections (18) and (19)
is not required if a jury is instructed to make a finding solely as
to either of the following:
(a) Whether the defendant was under the influence of a
controlled substance or a combination of alcoholic liquor and a
controlled substance at the time of the violation.
(b) Whether the defendant was visibly impaired due to his or
her consumption of a controlled substance or a combination of
alcoholic liquor and a controlled substance at the time of the
violation.
(21) If a jury or court finds under subsection (18), (19), or
(20) that the defendant operated a motor vehicle under the
influence of or while impaired due to the consumption of a
controlled substance or a combination of a controlled substance and
an alcoholic liquor, the court shall do both of the following:
(a) Report the finding to the secretary of state.
(b) On a form or forms prescribed by the state court
administrator, forward to the department of state police a record
that specifies the penalties imposed by the court, including any
term of imprisonment, and any sanction imposed under section 625n
or 904d.
(22) Except as otherwise provided by law, a record described
in subsection (21)(b) is a public record and the department of
state police shall retain the information contained on that record
for not less than 7 years.
(23) In a prosecution for a violation of subsection (6), the
defendant bears the burden of proving that the consumption of
alcoholic liquor was a part of a generally recognized religious
service or ceremony by a preponderance of the evidence.
(24) The court may order as a condition of probation that a
person convicted of violating subsection (1) or (8), or a local
ordinance substantially corresponding to subsection (1) or (8),
shall not operate a motor vehicle unless that vehicle is equipped
with an ignition interlock device approved, certified, and
installed as required under sections 625k and 625l.
(25) Subject to subsection (27), as used in this section,
"prior conviction" means a conviction for any of the following,
whether under a law of this state, a local ordinance substantially
corresponding to a law of this state, or a law of another state
substantially corresponding to a law of this state:
(a) Except as provided in subsection (26), a violation or
attempted violation of any of the following:
(i) This section, except a violation of section 625(2), or a
violation of any prior enactment of this section in which the
defendant operated a vehicle while under the influence of
intoxicating or alcoholic liquor or a controlled substance, or a
combination of intoxicating or alcoholic liquor and a controlled
substance, or while visibly impaired, or with an unlawful bodily
alcohol content.
(ii) Section 625m.
(iii) Former section 625b.
(b) Negligent homicide, manslaughter, or murder resulting from
the operation of a vehicle or an attempt to commit any of those
crimes.
(26) Except for purposes of the enhancement described in
subsection (12)(b), only 1 violation or attempted violation of
subsection (6), a local ordinance substantially corresponding to
subsection (6), or a law of another state substantially
corresponding to subsection (6) may be used as a prior conviction.
(27) If 2 or more convictions described in subsection (25) are
convictions for violations arising out of the same transaction,
only 1 conviction shall be used to determine whether the person has
a prior conviction.
Sec. 625k. (1) The department shall approve an ignition
interlock device certified by a department-approved laboratory as
complying
with the national highway traffic safety administration's
model specifications for breath alcohol ignition interlock devices
(BAIID),
57 F.R. p. 11772, April 7, 1992 57
FR 11772 - 11787 (April
7, 1992). Subject to subsection (5), the department shall publish a
list of all manufacturers of approved certified devices.
(2) The secretary of state shall promulgate rules to implement
this section in compliance with the administrative procedures act
of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(3) The manufacturer of an ignition interlock device shall
bear the cost of that device's certification.
(4) A laboratory that certifies an ignition interlock device
as provided in this section shall immediately notify the department
of that certification.
(5) The department shall not include the manufacturer of a
certified ignition interlock device on the list of manufacturers
published under subsection (1) unless the manufacturer complies
with all of the following:
(a) The manufacturer has filed copies of all of the following
with the department:
(i) A bond executed as provided in section 625o or a letter of
credit.
(ii) Evidence of insurance as described in section 625l.
(iii) An affidavit that the ignition interlock device is
meets
all of the following conditions:
(A)
An alcohol concentration measuring device that prevents a
motor
vehicle from being started at any time without first
determining
through a deep lung sample the operator's breath
alcohol
level.
(B)
Calibrated to render the motor vehicle incapable of being
started
if the device detects an alcohol content of 0.025 grams or
more
per 210 liters of breath of the person who offers a breath
sample.
(A) Satisfies the conditions in section 20b.
(B) (C)
Set Is set to periodically take samples while the
vehicle is in operation and to do 1 or both of the following:
(I) Emit a warning signal when the device detects an alcohol
content of 0.025 grams or more per 210 liters of breath in the
person who offers a breath sample.
(II) If it detects an alcohol content of 0.04 grams or more
per 210 liters of breath of the person who offers the breath
sample, render the vehicle inoperable as soon as the vehicle is no
longer being operated.
(b) The manufacturer of ignition interlock devices provides a
list of installers who are authorized to install and service its
ignition interlock devices to the secretary of state.
(c) Agrees to have service locations within 50 miles of any
location within this state.
(d) Agrees to provide an ignition interlock device without
cost to a person whose gross income for the immediately preceding
tax year based on his or her state income tax return was less than
150% of the official poverty line for that same tax year
established in the poverty guidelines issued by the secretary of
health
and human services under authority of section 673(2) of the
community
services block grant act, subtitle B of title VI of the
omnibus
budget reconciliation act of 1981, Public Law 97-35, 42
U.S.C.
9902 42 USC 9902. A person in whose vehicle an ignition
interlock device is installed without cost under this subdivision
shall
pay a maintenance fee to the installer of not more than $1.00
$2.00 per day.
(e) Agrees to comply with the reporting requirements of the
secretary of state.
(f) (e)
Agrees to periodically monitor installed ignition
interlock devices and if monitoring indicates that the device has
been circumvented, to communicate that fact to the secretary of
state or to the court, or both, as appropriate.
(6) A manufacturer that has made a filing under subsection (5)
shall immediately notify the department if the device no longer
meets the requirements of subsection (5).
(7) A person who knowingly provides false information to the
department under subsection (4) or (5) is guilty of a felony
punishable by imprisonment for not less than 5 years or more than
10 years or a fine of not less than $5,000.00 or more than
$10,000.00, or both, together with costs of the prosecution.
(8) A person who negligently provides false information to the
department under subsection (4) or (5) 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, together with costs of the
prosecution.
(9) A person who knowingly fails to comply with subsection (6)
is guilty of a felony punishable by imprisonment for not less than
5 years or more than 10 years or a fine of not less than $5,000.00
or more than $10,000.00, or both, together with costs of the
prosecution.
(10) A person who negligently fails to comply with subsection
(6) 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,
together with costs of the prosecution.
(11) Beginning December 31, 2008, and by December 31 every
fifth year after that, the secretary of state shall convene a panel
to review current technology and investigate program improvements.
Sec. 625l. (1) The manufacturer of an ignition interlock device
shall design a warning label, and the person who has an ignition
interlock device shall promptly affix that label to each ignition
interlock device upon installation. The label shall contain a
warning that any person tampering, circumventing, or otherwise
misusing the device is guilty of a misdemeanor punishable as
provided by law.
(2) A person who has an ignition interlock device installed
and whose driving privilege is restricted shall not request or
solicit any other person to blow into an ignition interlock device
or to start a vehicle equipped with the device for the purpose of
providing the person whose driving privilege is restricted with an
operable vehicle.
(3) A person shall not blow into an ignition interlock device
or start a motor vehicle equipped with the device for the purpose
of providing an operable vehicle to a person who has an interlock
device installed and whose driving privilege is restricted.
(4) A person shall not tamper with or circumvent the operation
of an ignition interlock device.
(5) A person who violates subsection (2), (3), or (4) is
guilty of a misdemeanor punishable by imprisonment for not more
than 6 months or a fine of not more than $5,000.00, or both.
(6)
As used in this act, "ignition interlock device" or
"device"
means an alcohol concentration measuring device that
prevents
a motor vehicle from being started at any time without
first
determining through a deep lung sample the operator's breath
alcohol
level. The system shall be calibrated so that the motor
vehicle
may not be started if the breath alcohol level of the
operator,
as measured by the test, reaches a level of 0.025 grams
per
210 liters of breath.
(6) (7)
The state, or the department, its officers, employees,
or agents, or a court, its officers, employees, or agents are not
liable in any claim or action that may arise, directly or
indirectly, out of any act or omission by a manufacturer,
installer, or servicing agent of an ignition interlock device that
results in damage to persons or property.
(7) (8)
A person shall not sell, lease, install, or monitor in
a vehicle in this state an ignition interlock device unless the
ignition interlock device manufacturer and provider carries
liability insurance covering product liability, including, but not
limited to, insurance to indemnify the department and any person
injured as a result of a design defect or the calibration or
removal of the ignition interlock device or a misrepresentation
about the ignition interlock device. The insurance required by this
subsection shall be in an amount of not less than $1,000,000.00 per
incident.
(8) (9)
The provider of insurance described in this section
may cancel the insurance upon 30 days' written notice to the
department and is not liable for a claim arising from an event that
occurs after the effective date of a cancellation made in
compliance with this section.
(9) (10)
An ignition interlock device shall be serviced
according to manufacturer's standards. Service shall include, but
not be limited to, physical inspection of the device and vehicle
for tampering, calibration of the device, and monitoring of the
data contained within the device's memory. Only authorized
employees of the manufacturer or the department, or other persons
approved by the court, may observe the installation of a device.
Reasonable security measures must be taken to prevent the customer
from observing the installation of a device or obtaining access to
installation materials.
Sec. 904. (1) A person whose operator's or chauffeur's license
or registration certificate has been suspended or revoked and who
has been notified as provided in section 212 of that suspension or
revocation, whose application for license has been denied, or who
has never applied for a license, shall not operate a motor 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 motor vehicles, within this state.
(2) A person shall not knowingly permit a motor vehicle owned
by the person 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 vehicles, within
this state by a person whose license or registration certificate is
suspended or revoked, whose application for license has been
denied, or who has never applied for a license, except as permitted
under this act.
(3) Except as otherwise provided in this section, a person who
violates subsection (1) or (2) is guilty of a misdemeanor
punishable as follows:
(a) For a first violation, by imprisonment for not more than
93 days or a fine of not more than $500.00, or both. Unless the
vehicle was stolen or used with the permission of a person who did
not knowingly permit an unlicensed driver to operate the vehicle,
the registration plates of the vehicle shall be canceled by the
secretary of state upon notification by a peace officer.
(b) For a violation that occurs after a prior conviction, by
imprisonment for not more than 1 year or a fine of not more than
$1,000.00, or both. Unless the vehicle was stolen, the registration
plates of the vehicle shall be canceled by the secretary of state
upon notification by a peace officer.
(4) A person who operates a motor vehicle in violation of
subsection (1) and who, by operation of that motor vehicle, causes
the death of another 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. This subsection does
not apply to a person whose operator's or chauffeur's license was
suspended because that person failed to answer a citation or comply
with an order or judgment pursuant to section 321a.
(5) A person who operates a motor vehicle in violation of
subsection (1) and who, by operation of that motor vehicle, causes
the 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. This subsection does not apply to a person whose
operator's or chauffeur's license was suspended because that person
failed to answer a citation or comply with an order or judgment
pursuant
to section 321a. As used in this subsection and subsection
(7),
"serious impairment of a body function" includes, but is not
limited
to, 1 or more of the following:
(a)
Loss of a limb or loss of use of a limb.
(b)
Loss of a foot, hand, finger, or thumb or loss of use of a
foot,
hand, finger, or thumb.
(c)
Loss of an eye or ear or loss of use of an eye or ear.
(d)
Loss or substantial impairment of a bodily function.
(e)
Serious visible disfigurement.
(f)
A comatose state that lasts for more than 3 days.
(g)
Measurable brain or mental impairment.
(h)
A skull fracture or other serious bone fracture.
(i)
Subdural hemorrhage or subdural hematoma.
(6) In addition to being subject to any other penalty provided
for in this act, if a person is convicted under subsection (4) or
(5), the court 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) A person shall not knowingly permit a motor vehicle owned
by the person 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 vehicles, within
this state, by a person whose license or registration certificate
is suspended or revoked, whose application for license has been
denied, or who has never been licensed except as permitted by this
act. If a person permitted to operate a motor vehicle in violation
of this subsection causes the serious impairment of a body function
of another person by operation of that motor vehicle, the person
knowingly permitting the operation of that motor vehicle is guilty
of 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. If a person permitted to operate a motor vehicle in violation
of this subsection causes the death of another person by operation
of that motor vehicle, the person knowingly permitting the
operation of that motor vehicle 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.
(8) If the prosecuting attorney intends to seek an enhanced
sentence under this section 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.
(9) A prior conviction under this section shall be established
at or before sentencing by 1 or more of the following:
(a) An abstract of conviction.
(b) A copy of the defendant's driving record.
(c) An admission by the defendant.
(10) Upon receiving a record of a person's conviction or civil
infraction determination for the unlawful operation of a motor
vehicle or a moving violation reportable under section 732 while
the person's operator's or chauffeur's license is suspended or
revoked, the secretary of state immediately shall impose an
additional like period of suspension or revocation. This subsection
applies only if the violation occurs during a suspension of
definite length or if the violation occurs before the person is
approved for a license following a revocation.
(11) Upon receiving a record of a person's conviction or civil
infraction determination for the unlawful operation of a motor
vehicle or a moving violation reportable under section 732 while
the person's operator's or chauffeur's license is indefinitely
suspended or whose application for a license has been denied, the
secretary of state immediately shall impose a 30-day period of
suspension or denial.
(12) Upon receiving a record of the conviction, bond
forfeiture, or a civil infraction determination of a person for
unlawful operation of a motor vehicle requiring a vehicle group
designation while the designation is suspended or revoked pursuant
to section 319b, or while the person is disqualified from operating
a commercial motor vehicle by the United States secretary of
transportation or under 49 USC 31301 to 31317, the secretary of
state immediately shall impose an additional like period of
suspension or revocation. This subsection applies only if the
violation occurs during a suspension of definite length or if the
violation occurs before the person is approved for a license
following a revocation.
(13) If the secretary of state receives records of more than 1
conviction or civil infraction determination resulting from the
same incident, all of the convictions or civil infraction
determinations shall be treated as a single violation for purposes
of imposing an additional period of suspension or revocation under
subsection (10), (11), or (12).
(14) Before a person is arraigned before a district court
magistrate or judge on a charge of violating this section, the
arresting officer shall obtain the person's driving record from the
secretary of state and shall furnish the record to the court. The
driving record of the person may be obtained from the secretary of
state's computer information network.
(15) This section does not apply to a person who operates a
vehicle solely for the purpose of protecting human life or property
if the life or property is endangered and summoning prompt aid is
essential.
(16) A person whose vehicle group designation is suspended or
revoked and who has been notified as provided in section 212 of
that suspension or revocation, or whose application for a vehicle
group designation has been denied as provided in this act, or who
has never applied for a vehicle group designation and who operates
a commercial motor vehicle within this state, except as permitted
under this act, while any of those conditions exist is guilty of a
misdemeanor punishable, except as otherwise provided in this
section, by imprisonment for not less than 3 days or more than 93
days or a fine of not more than $100.00, or both.
(17) If a person has a second or subsequent suspension or
revocation under this section within 7 years as indicated on the
person's Michigan driving record, the court shall proceed as
provided in section 904d.
(18) Any period of suspension or revocation required under
subsection (10), (11), or (12) does not apply to a person who has
only 1 currently effective suspension or denial on his or her
Michigan driving record under section 321a and was convicted of or
received a civil infraction determination for a violation that
occurred during that suspension or denial. This subsection may only
be applied once during the person's lifetime.
(19) For purposes of this section, a person who never applied
for a license includes a person who applied for a license, was
denied, and never applied again.