HB-5385, As Passed House, June 3, 2014

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5385

 

 

 

 

 

 

 

 

 

 

 

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 320a, 625a, 625c, 625d, and 625g (MCL

 

257.320a, 257.625a, 257.625c, 257.625d, and 257.625g), section

 

320a as amended by 2012 PA 592, sections 625a and 625g as amended

 

by 2013 PA 23, section 625c as amended by 2008 PA 463, and

 

section 625d as amended by 1994 PA 211, and by adding section

 

43a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 43a. "Preliminary roadside analysis" means the on-site

 

 2  taking of a preliminary breath test from the breath of a person

 

 3  or the performance and observation of a field sobriety test for

 

 4  the purpose of detecting the presence of any of the following

 

 5  within the person's body:


 

 1        (a) Alcoholic liquor.

 

 2        (b) A controlled substance, as that term is defined in

 

 3  section 7104 of the public health code, 1978 PA 368, MCL

 

 4  333.7104.

 

 5        (c) Any other intoxicating substance, as that term is

 

 6  defined in section 625.

 

 7        Sec. 320a. (1) Within 5 days after receipt of a properly

 

 8  prepared abstract from a court of this state or another state,

 

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

 

10  infraction determination, or probate court disposition, and the

 

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

 

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

 

 

13      (a) Manslaughter, negligent homicide, or a

14 felony resulting from the operation of a motor

15 vehicle, ORV, or snowmobile............................6 points

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

17 601c(1) or (2), or 653a(3) or (4) or, beginning

18 October 31, 2010, a violation of section 601d..........6 points

19      (c) A violation of section 625(1), (4), (5),

20 (7), or (8), section 81134 or 82127(1) of the

21 natural resources and environmental protection act,

22 1994 PA 451, MCL 324.81134 and 324.82127, or a law or

23 ordinance substantially corresponding to section

24 625(1), (4), (5), (7), or (8), or section 81134

25 or 82127(1) of the natural resources and

26 environmental protection act, 1994 PA 451,

27 MCL 324.81134 and 324.82127............................6 points

28      (d) Failing to stop and disclose identity


at the scene of an accident when required by law.......6 points

     (e) Operating a motor vehicle in violation

of section 626.........................................6 points

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

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

to speed in a work zone described in that section

by exceeding the lawful maximum by more than

15 miles per hour......................................5 points

     (h) A violation of any law other than the

10 law described in subdivision (g) or ordinance

11 pertaining to speed by exceeding the lawful

12 maximum by more than 15 miles per hour.................4 points

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

14 section 81135 or 82127(3) of the natural

15 resources and environmental protection act,

16 1994 PA 451, MCL 324.81135 and 324.82127,

17 or a law or ordinance substantially corresponding

18 to section 625(3) or (6) or section 81135

19 or 82127(3) of the natural resources and

20 environmental protection act, 1994 PA 451,

21 MCL 324.81135 and 324.82127............................4 points

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

23 or ordinance substantially corresponding to

24 section 626a...........................................4 points

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

26      (l) A violation of section 627(9) pertaining

27 to speed in a work zone described in that section

28 by exceeding the lawful maximum by more than 10

29 but not more than 15 miles per hour....................4 points

30      (m) Beginning October 31, 2010, a

31 moving violation resulting in an at-fault


collision with another vehicle, a person,

or any other object....................................4 points

     (n) A violation of any law other than the

law described in subdivision (l) or ordinance

pertaining to speed by exceeding the lawful

maximum by more than 10 but not more than 15

miles per hour or careless driving in violation

of section 626b or a law or ordinance substantially

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

10      (o) A violation of section 627(9) pertaining

11 to speed in a work zone described in that section

12 by exceeding the lawful maximum by 10 miles per

13 hour or less...........................................3 points

14      (p) A violation of any law other than the law

15 described in subdivision (o) or ordinance

16 pertaining to speed by exceeding the lawful maximum

17 by 10 miles per hour or less...........................2 points

18      (q) Disobeying a traffic signal or stop sign,

19 or improper passing....................................3 points

20      (r) A violation of section 624a, 624b, or

21 a law or ordinance substantially corresponding to

22 section 624a or 624b...................................2 points

23      (s) A violation of section 310e(4) or (6) or

24 a law or ordinance substantially corresponding to

25 section 310e(4) or (6).................................2 points

26      (t) All other moving violations pertaining to

27 the operation of motor vehicles reported under

28 this section...........................................2 points

29      (u) A refusal by a person less than 21 years of

30 age to submit to a preliminary breath test roadside analysis

31 required by a peace officer under section 625a.........2 points


 

 

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

 

 2  310e(14), 311, 602b(1), 602c, 625m, 658, 710d, 717, 719, 719a, or

 

 3  723.

 

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

 

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

 

 6  defective equipment.

 

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

 

 8  determination, or probate court disposition results from the same

 

 9  incident, points shall be entered only for the violation that

 

10  receives the highest number of points under this section.

 

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

 

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

 

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

 

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

 

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

 

16  shall add 3 points to the person's record.

 

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

 

18  an executive order issued during a state of energy emergency as

 

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

 

20  state shall enter points for the violation pursuant to subsection

 

21  (1).

 

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

 

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

 

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

 

25  determination, or probate court disposition results from the same

 

26  incident, additional points for that offense shall not be

 


 1  entered.

 

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

 

 3  state that would be a civil infraction if committed in Michigan,

 

 4  and a conviction results solely because of the failure of the

 

 5  Michigan driver to appear in that state to contest the violation,

 

 6  upon receipt of the abstract of conviction by the secretary of

 

 7  state, the violation shall be noted on the driver's record, but

 

 8  no points shall be assessed against his or her driver's license.

 

 9        Sec. 625a. (1) A peace officer may arrest a person without a

 

10  warrant under either of the following circumstances:

 

11        (a) The peace officer has reasonable cause to believe the

 

12  person was, at the time of an accident in this state, the

 

13  operator of a vehicle involved in the accident and was operating

 

14  the vehicle in violation of section 625 or a local ordinance

 

15  substantially corresponding to section 625.

 

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

 

17  parked or stopped on a highway or street within this state if any

 

18  part of the vehicle intrudes into the roadway and the peace

 

19  officer has reasonable cause to believe the person was operating

 

20  the vehicle in violation of section 625 or a local ordinance

 

21  substantially corresponding to section 625.

 

22        (2) A peace officer who has reasonable cause to believe that

 

23  a person was operating a vehicle upon a public highway or other

 

24  place open to the public or generally accessible to motor

 

25  vehicles, including an area designated for the parking of

 

26  vehicles, within this state and that the person by the

 

27  consumption of alcoholic liquor, a controlled substance, or other

 


 1  intoxicating substance or a combination of them may have affected

 

 2  his or her ability to operate a vehicle, or reasonable cause to

 

 3  believe that a person was operating a commercial motor vehicle

 

 4  within the state while the person's blood, breath, or urine

 

 5  contained any measurable amount of alcohol, a controlled

 

 6  substance, or any other intoxicating substance or while the

 

 7  person had any detectable presence of alcoholic liquor, a

 

 8  controlled substance or any other intoxicating substance, or any

 

 9  combination of them, or reasonable cause to believe that a person

 

10  who is less than 21 years of age was operating a vehicle upon a

 

11  public highway or other place open to the public or generally

 

12  accessible to motor vehicles, including an area designated for

 

13  the parking of vehicles, within this state while the person had

 

14  any bodily alcohol content as that term is defined in section

 

15  625(6), may require the person to submit to a preliminary

 

16  chemical breath roadside analysis. The following provisions apply

 

17  with respect to a preliminary chemical breath roadside analysis

 

18  administered under this subsection:

 

19        (a) Before requesting a person to submit to a preliminary

 

20  roadside analysis, a peace officer shall advise the person that a

 

21  person who refuses a request to submit to a preliminary roadside

 

22  analysis is responsible for a civil infraction, may be ordered to

 

23  pay a fine of not more than $100.00, and will be assessed 2

 

24  points on his or her driving record.

 

25        (b) (a) A peace officer may arrest a person based in whole

 

26  or in part upon the results of a preliminary chemical breath

 

27  roadside analysis.

 


 1        (c) (b) The results of a preliminary chemical breath

 

 2  roadside analysis are admissible in a criminal prosecution for a

 

 3  crime enumerated in section 625c(1) or in an administrative

 

 4  hearing for 1 or more of the following purposes:

 

 5        (i) To assist the court or hearing officer in determining a

 

 6  challenge to the validity of an arrest. This subparagraph does

 

 7  not limit the introduction of other competent evidence offered to

 

 8  establish the validity of an arrest.

 

 9        (ii) As evidence of the defendant's breath alcohol content,

 

10  if offered by the defendant to rebut testimony elicited on cross-

 

11  examination of a defense witness that the defendant's breath

 

12  alcohol content was higher at the time of the charged offense

 

13  than when a chemical test was administered under subsection (6).

 

14        (iii) As evidence of the defendant's breath alcohol content,

 

15  if offered by the prosecution to rebut testimony elicited on

 

16  cross-examination of a prosecution witness that the defendant's

 

17  breath alcohol content was lower at the time of the charged

 

18  offense than when a chemical test was administered under

 

19  subsection (6).

 

20        (d) (c) A person who submits to a preliminary chemical

 

21  breath roadside analysis remains subject to the requirements of

 

22  sections 625c, 625d, 625e, and 625f for purposes of chemical

 

23  tests described in those sections.

 

24        (e) (d) Except as provided in subsection (5), a person who

 

25  refuses to submit to a preliminary chemical breath roadside

 

26  analysis upon a lawful request by a peace officer is responsible

 

27  for a civil infraction.

 


 1        (3) A peace officer shall use the results of a preliminary

 

 2  chemical breath roadside analysis conducted pursuant to under

 

 3  this section to determine whether to order a person out-of-

 

 4  service under section 319d. A peace officer shall order out-of-

 

 5  service as required under section 319d a person who was operating

 

 6  a commercial motor vehicle and who refuses to submit to a

 

 7  preliminary chemical breath roadside analysis as provided in this

 

 8  section. This section does not limit use of other competent

 

 9  evidence by the peace officer to determine whether to order a

 

10  person out-of-service under section 319d.

 

11        (4) A person who was operating a commercial motor vehicle

 

12  and who is requested to submit to a preliminary chemical breath

 

13  roadside analysis under this section shall be advised that

 

14  refusing a peace officer's request to take a test described in

 

15  this section is a misdemeanor punishable by imprisonment for not

 

16  more than 93 days or a fine of not more than $100.00, or both,

 

17  and will result in the issuance of a 24-hour out-of-service

 

18  order.

 

19        (5) A person who was operating a commercial motor vehicle

 

20  and who refuses to submit to a preliminary chemical breath

 

21  roadside analysis upon a peace officer's lawful request is guilty

 

22  of a misdemeanor punishable by imprisonment for not more than 93

 

23  days or a fine of not more than $100.00, or both.

 

24        (6) The following provisions apply with respect to chemical

 

25  tests and analysis of a person's blood, urine, or breath, other

 

26  than a preliminary chemical breath roadside analysis:

 

27        (a) The amount of alcohol or presence of a controlled

 


 1  substance or both or other intoxicating substance in a driver's

 

 2  blood or urine or the amount of alcohol in a person's breath at

 

 3  the time alleged as shown by chemical analysis of the person's

 

 4  blood, urine, or breath is admissible into evidence in any civil

 

 5  or criminal proceeding and is presumed to be the same as at the

 

 6  time the person operated the vehicle.

 

 7        (b) A person arrested for a crime described in section

 

 8  625c(1) shall be advised of all of the following:

 

 9        (i) If he or she takes a chemical test of his or her blood,

 

10  urine, or breath administered at the request of a peace officer,

 

11  he or she has the right to demand that a person of his or her own

 

12  choosing administer 1 of the chemical tests.

 

13        (ii) The results of the test are admissible in a judicial

 

14  proceeding as provided under this act and will be considered with

 

15  other admissible evidence in determining the defendant's

 

16  innocence or guilt.

 

17        (iii) He or she is responsible for obtaining a chemical

 

18  analysis of a test sample obtained at his or her own request.

 

19        (iv) If he or she refuses the request of a peace officer to

 

20  take a test described in subparagraph (i), a test shall not be

 

21  given without a court order, but the peace officer may seek to

 

22  obtain a court order.

 

23        (v) Refusing a peace officer's request to take a test

 

24  described in subparagraph (i) will result in the suspension of his

 

25  or her operator's or chauffeur's license and vehicle group

 

26  designation or operating privilege and in the addition of 6

 

27  points to his or her driver record.

 


 1        (c) A sample or specimen of urine or breath shall be taken

 

 2  and collected in a reasonable manner. Only a licensed physician,

 

 3  or an individual operating under the delegation of a licensed

 

 4  physician under section 16215 of the public health code, 1978 PA

 

 5  368, MCL 333.16215, qualified to withdraw blood and acting in a

 

 6  medical environment, may withdraw blood at a peace officer's

 

 7  request to determine the amount of alcohol or presence of a

 

 8  controlled substance or both other intoxicating substance in the

 

 9  person's blood, as provided in this subsection. Liability for a

 

10  crime or civil damages predicated on the act of withdrawing or

 

11  analyzing blood and related procedures does not attach to a

 

12  licensed physician or individual operating under the delegation

 

13  of a licensed physician who withdraws or analyzes blood or

 

14  assists in the withdrawal or analysis in accordance with this act

 

15  unless the withdrawal or analysis is performed in a negligent

 

16  manner.

 

17        (d) A chemical test described in this subsection shall be

 

18  administered at the request of a peace officer having reasonable

 

19  grounds to believe the person has committed a crime described in

 

20  section 625c(1). A person who takes a chemical test administered

 

21  at a peace officer's request as provided in this section shall be

 

22  given a reasonable opportunity to have a person of his or her own

 

23  choosing administer 1 of the chemical tests described in this

 

24  subsection within a reasonable time after his or her detention.

 

25  The test results are admissible and shall be considered with

 

26  other admissible evidence in determining the defendant's

 

27  innocence or guilt. If the person charged is administered a

 


 1  chemical test by a person of his or her own choosing, the person

 

 2  charged is responsible for obtaining a chemical analysis of the

 

 3  test sample.

 

 4        (e) If, after an accident, the driver of a vehicle involved

 

 5  in the accident is transported to a medical facility and a sample

 

 6  of the driver's blood is withdrawn at that time for medical

 

 7  treatment, the results of a chemical analysis of that sample are

 

 8  admissible in any civil or criminal proceeding to show the amount

 

 9  of alcohol or presence of a controlled substance or both other

 

10  intoxicating substance in the person's blood at the time alleged,

 

11  regardless of whether the person had been offered or had refused

 

12  a chemical test. The medical facility or person performing the

 

13  chemical analysis shall disclose the results of the analysis to a

 

14  prosecuting attorney who requests the results for use in a

 

15  criminal prosecution as provided in this subdivision. A medical

 

16  facility or person disclosing information in compliance with this

 

17  subsection is not civilly or criminally liable for making the

 

18  disclosure.

 

19        (f) If, after an accident, the driver of a vehicle involved

 

20  in the accident is deceased, a sample of the decedent's blood

 

21  shall be withdrawn in a manner directed by the medical examiner

 

22  to determine the amount of alcohol or the presence of a

 

23  controlled substance , or both, other intoxicating substance, or

 

24  any combination of them, in the decedent's blood. The medical

 

25  examiner shall give the results of the chemical analysis of the

 

26  sample to the law enforcement agency investigating the accident

 

27  and that agency shall forward the results to the department of

 


 1  state police.

 

 2        (g) The department of state police shall promulgate uniform

 

 3  rules in compliance with the administrative procedures act of

 

 4  1969, 1969 PA 306, MCL 24.201 to 24.328, for the administration

 

 5  of chemical tests for the purposes of this section. An instrument

 

 6  used for a preliminary chemical breath roadside analysis may be

 

 7  used for a chemical test described in this subsection if approved

 

 8  under rules promulgated by the department of state police.

 

 9        (7) The provisions of subsection (6) relating to chemical

 

10  testing do not limit the introduction of any other admissible

 

11  evidence bearing upon any of the following questions:

 

12        (a) Whether the person was impaired by, or under the

 

13  influence of, alcoholic liquor, a controlled substance or other

 

14  intoxicating substance, or a combination of alcoholic liquor, and

 

15  a controlled substance, or other intoxicating substance.

 

16        (b) Whether the person had an alcohol content of 0.08 grams

 

17  or more per 100 milliliters of blood, per 210 liters of breath,

 

18  or per 67 milliliters of urine or, beginning October 1, 2018, the

 

19  person had an alcohol content of 0.10 grams or more per 100

 

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

 

21  milliliters of urine.

 

22        (c) If the person is less than 21 years of age, whether the

 

23  person had any bodily alcohol content within his or her body. As

 

24  used in this subdivision, "any bodily alcohol content" means

 

25  either of the following:

 

26        (i) An alcohol content of 0.02 grams or more but less than

 

27  0.08 grams per 100 milliliters of blood, per 210 liters of

 


 1  breath, or per 67 milliliters of urine or, beginning October 1,

 

 2  2018, the person had an alcohol content of 0.02 grams or more but

 

 3  less than 0.10 grams or more per 100 milliliters of blood, per

 

 4  210 liters of breath, or per 67 milliliters of urine.

 

 5        (ii) Any presence of alcohol within a person's body resulting

 

 6  from the consumption of alcoholic liquor, other than the

 

 7  consumption of alcoholic liquor as a part of a generally

 

 8  recognized religious service or ceremony.

 

 9        (8) If a chemical test described in subsection (6) is

 

10  administered, the test results shall be made available to the

 

11  person charged or the person's attorney upon written request to

 

12  the prosecution, with a copy of the request filed with the court.

 

13  The prosecution shall furnish the results at least 2 days before

 

14  the day of the trial. The prosecution shall offer the test

 

15  results as evidence in that trial. Failure to fully comply with

 

16  the request bars the admission of the results into evidence by

 

17  the prosecution.

 

18        (9) A person's refusal to submit to a chemical test as

 

19  provided in subsection (6) is admissible in a criminal

 

20  prosecution for a crime described in section 625c(1) only to show

 

21  that a test was offered to the defendant, but not as evidence in

 

22  determining the defendant's innocence or guilt. The jury shall be

 

23  instructed accordingly.

 

24        (10) As used in this section:

 

25        (a) "Controlled substance" means that term as defined in

 

26  section 7104 of the public health code, 1978 PA 368, MCL

 

27  333.7104.

 


 1        (b) "Intoxicating substance" means that term as defined in

 

 2  section 625.

 

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

 

 4  highway or other place open to the general public or generally

 

 5  accessible to motor vehicles, including an area designated for

 

 6  the parking of vehicles, within this state is considered to have

 

 7  given consent to chemical tests of his or her blood, breath, or

 

 8  urine for the purpose of determining the amount of alcohol or

 

 9  presence of a controlled substance or both other intoxicating

 

10  substance, or any combination of them, in his or her blood or

 

11  urine or the amount of alcohol in his or her breath in all of the

 

12  following circumstances:

 

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

 

14  625(1), (3), (4), (5), (6), (7), or (8), section 625a(5), or

 

15  section 625m or a local ordinance substantially corresponding to

 

16  section 625(1), (3), (6), or (8), section 625a(5), or section

 

17  625m.

 

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

 

19  601d, section 626(3) or (4), or manslaughter, or murder resulting

 

20  from the operation of a motor vehicle, and the peace officer had

 

21  reasonable grounds to believe the person was operating the

 

22  vehicle in violation of section 625.

 

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

 

24  a condition requiring the use of an anticoagulant under the

 

25  direction of a physician is not considered to have given consent

 

26  to the withdrawal of blood.

 

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

 


 1  625a(6).

 

 2        (4) As used in this section:

 

 3        (a) "Controlled substance" means that term as defined in

 

 4  section 7104 of the public health code, 1978 PA 368, MCL

 

 5  333.7104.

 

 6        (b) "Intoxicating substance" means that term as defined in

 

 7  section 625.

 

 8        Sec. 625d. (1) If a person refuses the request of a peace

 

 9  officer to submit to a chemical test offered pursuant to under

 

10  section 625a(6), a test shall not be given without a court order,

 

11  but the officer may seek to obtain the court order.

 

12        (2) A written report shall immediately be forwarded to the

 

13  secretary of state by the peace officer. The report shall state

 

14  that the officer had reasonable grounds to believe that the

 

15  person had committed a crime described in section 625c(1), and

 

16  that the person had refused to submit to the test upon the

 

17  request of the peace officer and had been advised of the

 

18  consequences of the refusal. The form of the report shall be

 

19  prescribed and furnished by the secretary of state.

 

20        Sec. 625g. (1) If a person fails a preliminary roadside

 

21  analysis, refuses a chemical test offered under section 625a(6),

 

22  or submits to the chemical test or a chemical test is performed

 

23  under a court order and the test reveals an unlawful alcohol

 

24  content, or the presence of a controlled substance or other

 

25  intoxicating substance, or any combination of them, the peace

 

26  officer who requested the person to submit to the test shall do

 

27  all of the following:

 


 1        (a) On behalf of the secretary of state, immediately

 

 2  confiscate the person's license or permit to operate a motor

 

 3  vehicle and, if the person is otherwise eligible for a license or

 

 4  permit, issue a temporary license or permit to the person. The

 

 5  temporary license or permit shall be on a form provided by the

 

 6  secretary of state.

 

 7        (b) Except as provided in subsection (2), immediately do all

 

 8  of the following:

 

 9        (i) Forward a copy of the written report of the person's

 

10  refusal to submit to a chemical test required under section 625d

 

11  to the secretary of state.

 

12        (ii) Notify the secretary of state by means of the law

 

13  enforcement information network that a temporary license or

 

14  permit was issued to the person.

 

15        (iii) Destroy the person's driver's license or permit.

 

16        (2) If a person failed a preliminary roadside analysis and

 

17  the person submits to a chemical test offered under section

 

18  625a(6) that requires an analysis of blood or urine and a report

 

19  of the results of that chemical test is not immediately

 

20  available, the peace officer who requested the person to submit

 

21  to the test shall comply with subsection (1)(a) and (b)(i) and (ii)

 

22  pending receipt of the test report. If the report reveals an

 

23  unlawful alcohol content, or the presence of a controlled

 

24  substance or other intoxicating substance, or any combination of

 

25  them, the peace officer who requested the person to submit to the

 

26  test shall immediately comply with subsection (1)(b).(1)(b)(iii).

 

27  If the report does not reveal an unlawful alcohol content, or the

 


 1  presence of a controlled substance or other intoxicating

 

 2  substance, or any combination of them, the peace officer who

 

 3  requested the person to submit to the test shall immediately

 

 4  notify the person of the test results and immediately return the

 

 5  person's license or permit by first-class mail to the address

 

 6  given provided at the time of arrest.

 

 7        (3) A temporary license or permit issued under this section

 

 8  is valid for 1 of the following time periods:

 

 9        (a) If the case is not prosecuted, for 90 days after

 

10  issuance or until the person's license or permit is suspended

 

11  under section 625f, whichever occurs earlier. The prosecuting

 

12  attorney shall notify the secretary of state if a case referred

 

13  to the prosecuting attorney is not prosecuted. The arresting law

 

14  enforcement agency shall notify the secretary of state if a case

 

15  is not referred to the prosecuting attorney for prosecution.

 

16        (b) If the case is prosecuted, until the criminal charges

 

17  against the person are dismissed, the person is acquitted of

 

18  those charges, or the person's license or permit is suspended,

 

19  restricted, or revoked.

 

20        (4) As used in this section: , "unlawful

 

21        (a) "Controlled substance" means that term as defined in

 

22  section 7104 of the public health code, 1978 PA 368, MCL

 

23  333.7104.

 

24        (b) "Intoxicating substance" means that term as defined in

 

25  section 625.

 

26        (c) "Unlawful alcohol content" means any of the following,

 

27  as applicable:

 


    House Bill No. 5385 (H-3) as amended June 3, 2014

 1        (i) (a) If the person tested is less than 21 years of age,

 

 2  0.02 grams or more of alcohol per 100 milliliters of blood, per

 

 3  210 liters of breath, or per 67 milliliters of urine.

 

 4        (ii) (b) If the person tested was operating a commercial

 

 5  motor vehicle within this state, 0.04 grams or more of alcohol

 

 6  per 100 milliliters of blood, per 210 liters of breath, or per 67

 

 7  milliliters of urine.

 

 8        (iii) (c) If the person tested is not a person described in

 

 9  subdivision (a) or (b), subparagraph (i) or (ii), 0.08 grams or

 

10  more of alcohol per 100 milliliters of blood, per 210 liters of

 

11  breath, or per 67 milliliters of urine, or, beginning October 1,

 

12  2018, 0.10 grams or more of alcohol per 100 milliliters of blood,

 

13  per 210 liters of breath, or per 67 milliliters of urine.

          [Enacting section 1. This amendatory act takes effect 90 days after

    the date it is enacted into law.]