THE CODE OF CRIMINAL PROCEDURE (EXCERPT)
Act 175 of 1927
777.48 Operator ability affected by alcohol or drugs; offense variable 18; scoring; "any bodily alcohol content" defined.Sec. 48.
(1) Offense variable 18 is operator ability affected by alcohol or drugs. Score offense variable 18 by determining which of the following subdivisions apply and by assigning the number of points attributable to the applicable subdivision that has the highest number of points:
(a)
The offender operated a vehicle, vessel, ORV, snowmobile, aircraft, or
locomotive when his or her bodily alcohol content was 0.20 grams or more per
100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of
urine........ |
20
points |
(b)
The offender operated a vehicle, vessel, ORV, snowmobile, aircraft, or
locomotive when his or her bodily alcohol content was 0.15 grams or more but
less than 0.20 grams per 100 milliliters of blood, per 210 liters of breath,
or per 67 milliliters of urine............... |
15
points |
(c)
The offender operated a vehicle, vessel, ORV, snowmobile, aircraft, or
locomotive while the offender was under the influence of alcoholic or
intoxicating liquor, a controlled substance, or a combination of alcoholic or
intoxicating liquor and a controlled substance; or while the offender's body
contained 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 a controlled substance described in
section 7214(a)(iv)
of the public health code, 1978 PA 368, MCL 333.7214; or while the offender
had an alcohol content of 0.08 grams or more but less than 0.15 grams per 100
milliliters of blood, per 210 liters of breath, or per 67 milliliters of
urine or, beginning 5 years after the state treasurer publishes a
certification under section 625(28) of the Michigan vehicle code, 1949 PA
300, MCL 257.625, the offender had an alcohol content of 0.10 grams or more
but less than 0.15 grams per 100 milliliters of blood, per 210 liters of
breath, or per 67 milliliters of urine........ |
10
points |
(d)
The offender operated a vehicle, vessel, ORV, snowmobile, aircraft, or
locomotive while he or she was visibly impaired by the use of alcoholic or
intoxicating liquor or a controlled substance or a combination of alcoholic
or intoxicating liquor and a controlled substance, or was less than 21 years
of age and had any bodily alcohol content............................ |
5
points |
(e)
The offender's ability to operate a vehicle, vessel, ORV, snowmobile,
aircraft, or locomotive was not affected by an alcoholic or intoxicating
liquor or a controlled substance or a combination of alcoholic or
intoxicating liquor and a controlled substance............. |
0
points |
(2) As used in this section, "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 5 years after the state treasurer publishes a certification under section 625(28) of the Michigan vehicle code, 1949 PA 300, MCL 257.625, 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 an individual's body resulting from the consumption of alcoholic or intoxicating liquor other than the consumption of alcoholic or intoxicating liquor as part of a generally recognized religious service or ceremony.
History: Add. 1998, Act 317, Eff. Dec. 15, 1998
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Am. 1999, Act 227, Imd. Eff. Dec. 28, 1999
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Am. 2000, Act 279, Eff. Oct. 1, 2000
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Am. 2003, Act 134, Eff. Sept. 30, 2003
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Am. 2013, Act 24, Imd. Eff. May 9, 2013
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Am. 2017, Act 152, Eff. Feb. 6, 2018
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Am. 2021, Act 81, Eff. Nov. 21, 2021
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Am. 2021, Act 84, Imd. Eff. Sept. 24, 2021