SB-0809, As Passed House, September 27, 2012

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 809

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 303, 304, 319, 319b, and 624a (MCL 257.303,

257.304, 257.319, 257.319b, and 257.624a), sections 303 and 319b as

amended by 2011 PA 159, section 304 as added by 2010 PA 155,

section 319 as amended by 2010 PA 267, and section 624a as amended

by 1998 PA 349.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 303. (1) The secretary of state shall not issue a license

under this act to any of the following persons:

(a) A person, as an operator, who is less than 18 years of

age, except as otherwise provided in this act.

(b) A person, as a chauffeur, who is less than 18 years of

age, except as otherwise provided in this act.

canceled in any state. If the suspension, revocation, denial, or

cancellation is not from the jurisdiction that issued the last

license to the person, the secretary of state may issue a license

after the expiration of 5 years from the effective date of the most

recent suspension, revocation, denial, or cancellation.

(d) A person who in the opinion of the secretary of state is

afflicted with or suffering from a physical or mental disability or

disease preventing that person from exercising reasonable and

ordinary control over a motor vehicle while operating the motor

vehicle upon the highways.

(e) A person who is unable to understand highway warning or

direction signs in the English language.

(f) A person who is unable to pass a knowledge, skill, or

ability test administered by the secretary of state in connection

with the issuance of an original operator's or chauffeur's license,

original motorcycle indorsement, or an original or renewal of a

vehicle group designation or vehicle indorsement.

(g) A person who has been convicted of, has received a

juvenile disposition for, or has been determined responsible for 2

or more moving violations 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 within the preceding 3 years, if the violations occurred

before issuance of an original license to the person in this state,

another state, or another country.

(h) A nonresident, including, but not limited to, a foreign

exchange student.

(i) A person who has failed to answer a citation or notice to

appear in court or for any matter pending or fails to comply with

an order or judgment of the court, including, but not limited to,

paying all fines, costs, fees, and assessments, in violation of

section 321a, until that person answers the citation or notice to

appear in court or for any matter pending or complies with an order

or judgment of the court, including, but not limited to, paying all

fines, costs, fees, and assessments, as provided under section

321a.

(j) A person not licensed under this act who has been

convicted of, has received a juvenile disposition for, or has been

determined responsible for a crime or civil infraction described in

section 319, 324, or 904. A person shall be denied a license under

this subdivision for the length of time corresponding to the period

of the licensing sanction that would have been imposed under

section 319, 324, or 904 if the person had been licensed at the

time of the violation.

(k) A person not licensed under this act who has been

convicted of or received a juvenile disposition for committing a

crime described in section 319e. A person shall be denied a license

under this subdivision for the length of time that corresponds to

the period of the licensing sanction that would have been imposed

under section 319e if the person had been licensed at the time of

the violation.

(l) A person not licensed under this act who is determined to

have violated section 33b(1) of former 1933 (Ex Sess) PA 8, section

703(1) of the Michigan liquor control code of 1998, 1998 PA 58, MCL

436.1703, or section 624a or 624b. The person shall be denied a

license under this subdivision for a period of time that

corresponds to the period of the licensing sanction that would have

been imposed under those sections had the person been licensed at

the time of the violation.

(m) A person whose commercial driver license application is

canceled under section 324(2).

(n) Unless otherwise eligible under section 307(1), a person

who is not a citizen of the United States.

(2) Upon receiving the appropriate records of conviction, the

secretary of state shall revoke the operator's or chauffeur's

license of a person and deny issuance of an operator's or

chauffeur's license to a person having any of the following,

whether under a law of this state, a local ordinance substantially

corresponding to a law of this state, a law of another state

substantially corresponding to a law of this state, or, beginning

October 31, 2010, a law of the United States substantially

corresponding to a law of this state:

(a) Any combination of 2 convictions within 7 years for

reckless driving in violation of section 626 before October 31,

2010 or, beginning October 31, 2010, 626(2).

(b) Any combination of 2 or more convictions within 7 years

for any of the following:

(i) A felony in which a motor vehicle was used.

(ii) A violation or attempted violation of section 601b(2) or

(3), section 601c(1) or (2), section 602a(4) or (5), section 617,

section 653a(3) or (4), or section 904(4) or (5).

(iii) Negligent homicide, manslaughter, or murder resulting from

the operation of a vehicle or an attempt to commit any of those

crimes.

(iv) A violation or attempted violation of section 479a(4) or

(5) of the Michigan penal code, 1931 PA 328, MCL 750.479a.

the following or a combination of 1 conviction for a violation or

attempted violation of section 625(6) and 1 conviction for any of

the following within 7 years:

(i) A violation or attempted violation of 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) A violation or attempted violation of section 625m.

(iii) A violation or attempted violation of former section 625b.

(d) One conviction for a violation or attempted violation of

section 315(5), section 601b(3), section 601c(2), section 602a(4)

or (5), section 617, section 625(4) or (5), section 653a(4),

section 904(4) or (5), or, beginning October 31, 2010, section

626(3) or (4).

(e) One conviction of negligent homicide, manslaughter, or

murder resulting from the operation of a vehicle or an attempt to

commit any of those crimes.

(f) One conviction for a violation or attempted violation of

section 479a(4) or (5) of the Michigan penal code, 1931 PA 328, MCL

750.479a.

(g) Any combination of 3 convictions within 10 years for any

of the following or 1 conviction for a violation or attempted

violation of section 625(6) and any combination of 2 convictions

for any of the following within 10 years, if any of the convictions

resulted from an arrest on or after January 1, 1992:

(i) A violation or attempted violation of 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) A violation or attempted violation of section 625m.

(iii) A violation or attempted violation of former section 625b.

(3) The secretary of state shall revoke a license under

subsection (2) notwithstanding a court order unless the court order

complies with section 323.

(4) Except as otherwise provided under section 304, the

secretary of state shall not issue a license under this act to a

person whose license has been revoked under this act or revoked and

denied under subsection (2) until all of the following occur, as

applicable:

(a) The later of the following:

(i) The expiration of not less than 1 year and 45 days after

the license was revoked or denied.

(ii) The expiration of not less than 5 years after the date of

a subsequent revocation or denial occurring within 7 years after

the date of any prior revocation or denial.

(b) For a denial under subsection (2)(a), (b), (c), and (g),

the person rebuts by clear and convincing evidence the presumption

resulting from the prima facie evidence that he or she is a

habitual offender. The convictions that resulted in the revocation

and denial constitute prima facie evidence that he or she is a

habitual offender.

(5) The secretary of state may deny issuance of an operator's

license as follows:

(a) Until the age of 17, to a person not licensed under this

act who was convicted of or received a juvenile disposition for

violating or attempting to violate section 411a(2) of the Michigan

penal code, 1931 PA 328, MCL 750.411a, involving a school when he

or she was less than 14 years of age. A person not issued a license

under this subdivision is not eligible to begin graduated licensing

training until he or she attains 16 years of age.

(b) To a person less than 21 years of age not licensed under

this act who was convicted of or received a juvenile disposition

for violating or attempting to violate section 411a(2) of the

Michigan penal code, 1931 PA 328, MCL 750.411a, involving a school

when he or she was 14 years of age or older, until 3 years after

the date of the conviction or juvenile disposition. A person not

issued a license under this subdivision is not eligible to begin

graduated licensing training or otherwise obtain an original

operator's or chauffeur's license until 3 years after the date of

the conviction or juvenile disposition.

(6) The secretary of state shall deny issuance of a vehicle

group designation to a person under either of the following

circumstances:

(a) The person has been disqualified by the United States

secretary of transportation from operating a commercial motor

vehicle.

(b) Beginning on and after January 30, 2012, the person does

not meet the requirements of the federal regulations under parts

383 and 391 by refusing to certify the type of commercial motor

vehicle operation the person intends to perform and, if required,

fails to present to the secretary of state a valid medical

certification.

(7) Multiple convictions or civil infraction determinations

resulting from the same incident shall be treated as a single

violation for purposes of denial or revocation of a license under

this section.

(8) As used in this section, "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.

Sec. 304. (1) Except as provided in subsection (3), the

secretary of state shall issue a restricted license to a person

whose license was suspended or restricted under section 319 or

revoked or denied under section 303 based on either of the

following:

(a) Two or more convictions for violating section 625(1) or

(3) or a local ordinance of this state substantially corresponding

to section 625(1) or (3).

(b) One conviction for violating section 625(1) or (3) or a

local ordinance of this state substantially corresponding to

section 625(1) or (3), preceded by 1 or more convictions for

violating a local ordinance or law of another state substantially

corresponding to section 625(1), (3), or (6), or a law of the

United States substantially corresponding to section 625(1), (3),

or (6).

(2) A restricted license issued under subsection (1) shall not

be issued until after the person's operator's or chauffeur's

license has been suspended or revoked for 45 days and the judge

assigned to a DWI/sobriety court certifies to the secretary of

state that both of the following conditions have been met:

(a) The person has been admitted into a DWI/sobriety court

program.

(b) An ignition interlock device approved, certified, and

installed as required under sections 625k and 625l has been

installed on each motor vehicle owned or operated, or both, by the

individual.

(3) A restricted license shall not be issued under subsection

(1) if the person is otherwise ineligible for an operator's or

chauffeur's license under this act, unless the person's

ineligibility is based on 1 or more of the following:

(a) Section 303(1)(i) or (l).

(b) Section 303(2)(c)(i) or (iii).

(d) Section 319(4), (5), (6), (7), (8)(a) to (e), or (9).

(e) Section 319e(2)(a) or (b).

(f) Section 320(1)(d).

(g) Section 321a(1), (2), or (3).

(h) Section 323c.

(i) Section ~~625f(1)(a).~~625f.

(j) Section 732a(5).

(k) Section 904(10).

(l) Section 82105a(2) of the natural resources and

environmental protection act, 1994 PA 451, MCL 324.82105a.

(m) Section 3177 of the insurance code of 1956, 1956 PA 218,

MCL 500.3177.

(n) Section 10 of the motor vehicle claims act, 1965 PA 198,

MCL 257.1110.

(4) A restricted license issued under subsection (1) permits

the person to whom it is issued to operate only the vehicle

equipped with an ignition interlock device described in subsection

(2)(b), to take any driving skills test required by the secretary

of state, and to drive to and from any combination of the following

locations or events:

~~(a) The person's residence.~~

~~(b) The person's workplace.~~

~~(c) The person's school.~~

~~(d) An alcohol or drug education or treatment program as~~

~~ordered by the court.~~

(a) In the course of the person's employment or occupation if

the employment or occupation does not require a commercial driver

license.

(b) To and from any combination of the following:

(i) The person's residence.

(ii) The person's work location.

(iii) An alcohol, drug, or mental health education and treatment

as ordered by the court.

(iv) Alcoholics anonymous, narcotics anonymous, or other court-

ordered self-help programs.

(v) Court hearings and probation appointments.

(vi) Court-ordered community service.

(vii) An educational institution at which the person is

enrolled as a student.

(viii) A place of regularly occurring medical treatment for a

serious condition or medical emergency for the person or a member

of the person's household or immediate family.

(ix) Alcohol or drug testing as ordered by the court.

(x) Ignition interlock service provider as required.

(5) 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.

(6) ~~(5)~~ Except as otherwise provided in this section, a

restricted license issued under subsection (1) is effective until a

hearing officer orders an unrestricted license under section 322.

The ~~person shall not be considered for~~ hearing officer shall not

order an unrestricted license until the later of the following

events occurs:

(a) The court notifies the secretary of state that the person

has successfully completed the DWI/sobriety court program.

(b) The minimum period of license sanction that would have

been imposed under section 303 or 319 but for this section has been

completed.

an ignition interlock device for not less than 1 year.

(d) The person satisfies the requirements of section 303 and R

257.313 of the Michigan administrative code.

(7) In determining whether to order an unrestricted license

under subsection (6), the successful completion of the DWI/sobriety

court program and a certificate from the DWI/sobriety court judge

shall be considered positive evidence of the petitioner's

abstinence while the petitioner participated in the DWI/sobriety

court program. As used in this subsection, "certificate" includes,

but is not limited to, a statement that the participant has

maintained a period of abstinence from alcohol for not less than 6

months at the time the participant completed the DWI/sobriety court

program.

(8) ~~(6)~~ If the secretary of state receives a notification from

the DWI/sobriety court under section 1084(6) of the revised

judicature act of 1961, 1961 PA 236, MCL 600.1084, the secretary of

state shall summarily impose 1 of the following license sanctions,

as applicable:

(a) Suspension for the full length of time provided under

section 319(8). However, a restricted license shall not be issued

as provided under section 319(8). This subdivision applies if the

underlying conviction or convictions would have subjected the

person to a license sanction under section 319(8) if this section

did not apply.

(b) A license revocation and denial for the full length of

time provided under section 303. The minimum period of license

revocation and denial imposed shall be the same as if this section

did not apply. This subdivision applies if the underlying

conviction or convictions would have caused a license revocation

and denial under section 303 if this section did not apply.

(9) ~~(7)~~ After the person completes the DWI/sobriety court

interlock pilot program, the following apply:

(a) The secretary of state shall postpone considering the

issuance of an unrestricted license under section 322 for a period

of 3 months for each act that would be a minor violation if the

person's license had been issued under section 322(6). As used in

this subdivision, "minor violation" means that term as defined in R

257.301a of the Michigan administrative code.

(b) ~~(a)~~ The restricted license issued under this section shall

be suspended or revoked or denied as provided in subsection ~~(6),~~

(8), unless set aside under subsection ~~(5),~~ (6), if any of the

following events occur:

(i) The person operates a motor vehicle without an ignition

interlock device that meets the criteria under subsection (2)(b).

(ii) The person removes, or causes to be removed, an ignition

interlock device from a vehicle he or she owns or operates unless

the secretary of state has authorized its removal under section

322a.

(iii) The person commits any other act that would be a major

violation if the person's license had been issued under section

322(6). As used in this subparagraph, "major violation" means that

term as defined in R 257.301a of the Michigan administrative code.

(iv) (~~iii~~) The person is arrested for a violation of any of the

following:

(A) Section 625.

(B) A local ordinance of this state or another state

substantially corresponding to section 625.

section 625.

(b) If the person is convicted of or found responsible for any

offense that requires the suspension, revocation, denial, or

cancellation of the person's operator's or chauffeur's license, the

restricted license issued under this section shall be suspended

until the requisite period of license suspension, revocation,

denial, or cancellation, as appropriate, has elapsed.

costs that resulted from the operation of a vehicle, the restricted

license issued under this section shall be suspended pending

payment of those fines and costs.

(10) ~~(8)~~ All driver responsibility fees required to be

assessed by the secretary of state under section 732a for the

conviction or convictions that led to the restricted license under

this section shall be held in abeyance as follows:

(a) The fees shall be held in abeyance during the time the

person has a restricted license under this section and is

participating in the DWI/sobriety court interlock pilot project.

(b) At the end of the person's participation in the

DWI/sobriety court program, the driver responsibility fees shall be

assessed and paid under the payment schedule described in section

732a.

(11) ~~(9)~~ The vehicle of an individual admitted to the

DWI/sobriety court interlock pilot project whose vehicle would

otherwise be subject to immobilization or forfeiture under this act

is exempt from both immobilization and forfeiture under sections

625n and 904d if both of the following apply:

(a) The person is a DWI/sobriety court interlock pilot program

participant in good standing or the person successfully

satisfactorily completes the DWI/sobriety court interlock pilot

program.

(b) The person does not subsequently violate a law of this

state for which vehicle immobilization or forfeiture is a sanction.

(12) ~~(10)~~ This section only applies to individuals arrested

for a violation of section 625 on or after ~~the effective date of~~

~~the amendatory act that added this section.~~January 1, 2011.

(13) ~~(11)~~ As used in this section:

(a) "DWI/sobriety court" means that term as defined in section

1084 of the revised judicature act of 1961, 1961 PA 236, MCL

600.1084.

(b) "DWI/sobriety court interlock pilot project" and

"DWI/sobriety court program" mean those terms as defined or

described in section 1084 of the revised judicature act of 1961,

1961 PA 236, MCL 600.1084.

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,

a law of another state substantially corresponding to a law of this

state, or, beginning October 31, 2010, a law of the United States

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.

(f) Beginning October 31, 2010, a violation of section 601d.

(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

653a(3), section 626 before October 31, 2010, or, beginning October

31, 2010, section 626(2).

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)

before October 31, 2010 or, beginning October 31, 2010, section

625(1)(a) or (b) or (8) if the person has no prior convictions

within 7 years. The secretary of state may issue the person a

restricted license during a specified portion of the suspension,

except that the secretary of state shall not issue a restricted

license during the first 30 days of suspension.

(b) For 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.

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) Beginning October 31, 2010, for 1 year for a violation of

section 625(1)(c) if the person has no prior convictions within 7

years or not more than 2 convictions within 10 years. The secretary

of state may issue the person a restricted license, except that the

secretary of state shall not issue a restricted license during the

first 45 days of suspension.

(h) Beginning October 31, 2010, the department shall order a

person convicted of violating section 625(1)(c) not to operate a

motor vehicle under a restricted license issued under subdivision

(g) unless the vehicle is equipped with an ignition interlock

device approved, certified, and installed as required under

sections 625k and 625l. The ignition interlock device may be removed

after the interlock device provider provides the department with

verification that the person has operated the vehicle with no

instances of reaching or exceeding a blood alcohol level of 0.025

grams per 210 liters of breath. This subdivision does not prohibit

the removal of the ignition interlock device for any of the

following:

(i) A start-up test failure that occurs within the first 2

months after installation of the device. As used in this

subdivision, "start-up test failure" means that the ignition

interlock device has prevented the motor vehicle from being

started. Multiple unsuccessful attempts at 1 time to start the

vehicle shall be treated as 1 start-up test failure only under this

subparagraph.

(ii) A start-up test failure occurring more than 2 months after

installation of the device, if not more than 15 minutes after

detecting the start-up test failure the person delivers a breath

sample that the ignition interlock device analyzes as having an

alcohol level of less than 0.025 grams per 210 liters of breath.

(iii) A retest prompted by the device, if not more than 5

minutes after detecting the ~~start-up test~~ retest failure the person

delivers a breath sample that the ignition interlock device

analyzes as having an alcohol level of less than 0.025 grams per

210 liters of breath.

(i) Beginning October 31, 2010, if an individual violates the

conditions of the restricted license issued under subdivision (g)

or operates or attempts to operate a motor vehicle with a blood

alcohol level of 0.025 grams per 210 liters of breath, the

secretary of state shall impose an additional like period of

suspension and restriction as prescribed under subdivision (g).

This subdivision does not require an additional like period of

suspension and restriction for any of the following:

(i) A start-up test failure within the first 2 months after

installation of the ignition interlock device. As used in this

subdivision, "start-up test failure" means that the ignition

interlock device has prevented the motor vehicle from being

started. Multiple unsuccessful attempts at 1 time to start the

vehicle shall be treated as 1 start-up test failure only under this

subparagraph.

(ii) A start-up test failure occurring more than 2 months after

installation of the device, if not more than 15 minutes after

detecting the start-up test failure the person delivers a breath

sample that the ignition interlock device analyzes as having an

alcohol level of less than 0.025 grams per 210 liters of breath.

(iii) Any retest prompted by the device, if not more than 5

minutes after detecting the ~~start-up test~~ retest failure the person

delivers a breath sample that the ignition interlock device

analyzes as having an alcohol level of less than 0.025 grams per

210 liters of breath.

(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) For a second or subsequent violation of section 701(1) of

the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1701,

by an individual who is not a retail licensee or a retail

licensee's clerk, agent, or employee, the secretary of state shall

suspend the person's license for 180 days. The secretary of state

may issue a person a restricted license during all or a specified

portion of the suspension.

(13) Except as provided in subsection (15), a suspension under

this section shall be imposed notwithstanding a court order unless

the court order complies with section 323.

(14) 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.

(15) 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.

(16) 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.

(17) 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.

(18) Except as provided in subsection (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 operate a vehicle 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.

(19) 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.

(20) Subject to subsection (22), 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 (21), 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.

section 626(3) or (4).

(21) 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.

(22) If 2 or more convictions described in subsection (20) 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 commercial learners permits

or 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, to run consecutively with any

commercial driver license action imposed under this section, 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).

(vii) A violation of commercial motor vehicle fraudulent

testing law.

(b) Suspension for 120 days, to be served consecutively with a

60-day suspension imposed under ~~subsection (1)(a)(~~i), subdivision

(a)(i), 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).

commercial driver license action imposed under this section, if the

person is convicted of or found responsible for 1 of the following:

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

(8), 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) Operating a commercial motor vehicle in violation of a

suspension, revocation, denial, or cancellation that was imposed

for previous violations committed while operating a commercial

motor vehicle.

(vi) Causing a fatality through the negligent or criminal

operation of a commercial motor vehicle, including, but not limited

to, the crimes of motor vehicle manslaughter, motor vehicle

homicide, and negligent homicide.

(~~vii~~~~) A 6-point violation as provided in section 320a while~~

~~operating a commercial motor vehicle.~~

(vii) A violation of commercial motor vehicle fraudulent

testing law.

(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, to run consecutively with any

commercial driver license action imposed under this section, 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, to run consecutively with any

commercial driver license action imposed under this section, 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), 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) Operating a commercial motor vehicle in violation of a

suspension, revocation, denial, or cancellation that was imposed

for previous violations committed while operating a commercial

motor vehicle.

(vi) Causing a fatality through the negligent or criminal

operation of a commercial motor vehicle, including, but not limited

to, the crimes of motor vehicle manslaughter, motor vehicle

homicide, and negligent homicide.

(~~vii~~~~) 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~~ or

revoke, as applicable, all commercial learners permits or 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, the

United Mexican States, 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, which shall run consecutively with any

commercial driver license action imposed under this section, is as

follows:

(a) 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.

(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) Reckless driving.

(iii) Excessive speeding as defined in regulations promulgated

under 49 USC 31301 to 31317.

(iv) Improper lane use.

(v) Following too closely.

(vi) Operating a commercial motor vehicle without obtaining any

vehicle group designation on the person's license.

(vii) Operating 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) Operating 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) Beginning October 28, 2013, a violation of section

602b(2).

(x) Any other serious traffic violation as defined in 49 CFR

383.5 or as prescribed under this act.

Sec. 624a. (1) Except as provided in subsection (2), a person

who is an operator or occupant shall not transport or possess

alcoholic liquor in a container that is open or uncapped or upon

which the seal is broken within the passenger ~~compartment~~ area of a

vehicle upon a highway, or within the passenger ~~compartment~~ area of

a moving vehicle in any place open to the general public or

generally accessible to motor vehicles, including an area

designated for the parking of vehicles, in this state.

(2) A person may transport or possess alcoholic liquor in a

container that is open or uncapped or upon which the seal is broken

within the passenger ~~compartment~~ area of 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 in this state, if the vehicle does not have a trunk or

compartment separate from the passenger ~~compartment,~~ area, and the

container is ~~enclosed or encased, and the container is not readily~~

~~accessible to the occupants of the vehicle.~~in a locked glove

compartment, behind the last upright seat, or in an area not

normally occupied by the operator or a passenger.

(3) A person who violates this section is guilty of a

misdemeanor. As part of the sentence, the person may be ordered to

perform community service and undergo substance abuse screening and

assessment at his or her own expense as described in section 703(1)

of the Michigan liquor control code of 1998, 1998 PA 58, MCL

436.1703. A court shall not accept a plea of guilty or nolo

contendere for a violation of this section from a person charged

solely with a violation of section 625(6).

(4) This section does not apply to a passenger in a chartered

vehicle authorized to operate by the state transportation

department.

(5) As used in this section:

(a) "Glove compartment" means a recess with a hinged and

locking door in the dashboard of a motor vehicle.

(b) "Passenger area" means the area designed to seat the

operator and passengers of a motor vehicle while it is in operation