HOUSE BILL No. 5665

 

May 23, 2012, Introduced by Reps. LaFontaine, Somerville, Lori, Jenkins and Hughes and referred to the Committee on Judiciary.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 625, 625a, 625g, and 625m (MCL 257.625,

 

257.625a, 257.625g, and 257.625m), sections 625 and 625m as amended

 

by 2008 PA 463 and sections 625a and 625g as amended by 2003 PA 61.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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 any of the following:

 

     (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 0.17 grams or more

 

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

 

milliliters of urine.

 

     (2) The owner of a vehicle or a person in charge or in control

 

of a vehicle shall not authorize or knowingly permit the vehicle to

 

be operated upon a highway or other place open to the general

 

public or generally accessible to motor vehicles, including an area

 

designated for the parking of motor vehicles, within this state by

 

a person if any of the following apply:

 

     (a) The person is under the influence of alcoholic liquor, a

 

controlled substance, or a combination of alcoholic liquor and a

 

controlled substance.

 

     (b) The person has an alcohol content of 0.08 grams or more

 

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

 

milliliters of urine. or, beginning October 1, 2013, the person has

 

an alcohol content of 0.10 grams or more per 100 milliliters of

 

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

 

     (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, or, if the person

 

is convicted of violating subsection (1)(c), imprisonment for not

 

more than 180 days.

 

     (iii) A fine of not less than $100.00 or more than $500.00, or,

 

if the person is guilty of violating subsection (1)(c), a fine of

 

not less than $200.00 or more than $700.00.

 

     (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, a law of the United States

 

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 subsection (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.

 

     (c) Section 601d or 626(3) or (4).

 

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

 

warrant under either of the following circumstances:

 

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

 

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

 

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

 

in violation of section 625 or a local ordinance substantially

 

corresponding to section 625.

 

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

 

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

 

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

 

has reasonable cause to believe the person was operating the

 

vehicle in violation of section 625 or a local ordinance

 

substantially corresponding to section 625.

 

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

 

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

 

open to the public or generally accessible to motor vehicles,

 

including an area designated for the parking of vehicles, within

 

this state and that the person by the consumption of alcoholic

 

liquor may have affected his or her ability to operate a vehicle,


 

or reasonable cause to believe that a person was operating a

 

commercial motor vehicle within the state while the person's blood,

 

breath, or urine contained any measurable amount of alcohol or

 

while the person had any detectable presence of alcoholic liquor,

 

or reasonable cause to believe that a person who is less than 21

 

years of age was operating a vehicle upon a public highway or other

 

place open to the public or generally accessible to motor vehicles,

 

including an area designated for the parking of vehicles, within

 

this state while the person had any bodily alcohol content as that

 

term is defined in section 625(6), may require the person to submit

 

to a preliminary chemical breath analysis. The following provisions

 

apply with respect to a preliminary chemical breath analysis

 

administered under this subsection:

 

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

 

part upon the results of a preliminary chemical breath analysis.

 

     (b) The results of a preliminary chemical breath analysis are

 

admissible in a criminal prosecution for a crime enumerated in

 

section 625c(1) or in an administrative hearing for 1 or more of

 

the following purposes:

 

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

 

challenge to the validity of an arrest. This subparagraph does not

 

limit the introduction of other competent evidence offered to

 

establish the validity of an arrest.

 

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

 

offered by the defendant to rebut testimony elicited on cross-

 

examination of a defense witness that the defendant's breath

 

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


 

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

 

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

 

offered by the prosecution to rebut testimony elicited on cross-

 

examination of a prosecution witness that the defendant's breath

 

alcohol content was lower at the time of the charged offense than

 

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

 

     (c) A person who submits to a preliminary chemical breath

 

analysis remains subject to the requirements of sections 625c,

 

625d, 625e, and 625f for purposes of chemical tests described in

 

those sections.

 

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

 

to submit to a preliminary chemical breath analysis upon a lawful

 

request by a peace officer is responsible for a civil infraction.

 

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

 

chemical breath analysis conducted pursuant to this section to

 

determine whether to order a person out-of-service under section

 

319d. A peace officer shall order out-of-service as required under

 

section 319d a person who was operating a commercial motor vehicle

 

and who refuses to submit to a preliminary chemical breath analysis

 

as provided in this section. This section does not limit use of

 

other competent evidence by the peace officer to determine whether

 

to order a person out-of-service under section 319d.

 

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

 

who is requested to submit to a preliminary chemical breath

 

analysis under this section shall be advised that refusing a peace

 

officer's request to take a test described in this section is a

 

misdemeanor punishable by imprisonment for not more than 93 days or


 

a fine of not more than $100.00, or both, and will result in the

 

issuance of a 24-hour out-of-service order.

 

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

 

who refuses to submit to a preliminary chemical breath analysis

 

upon a peace officer's lawful request is guilty of a misdemeanor

 

punishable by imprisonment for not more than 93 days or a fine of

 

not more than $100.00, or both.

 

     (6) The following provisions apply with respect to chemical

 

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

 

than preliminary chemical breath analysis:

 

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

 

substance or both in a driver's blood or urine or the amount of

 

alcohol in a person's breath at the time alleged as shown by

 

chemical analysis of the person's blood, urine, or breath is

 

admissible into evidence in any civil or criminal proceeding and is

 

presumed to be the same as at the time the person operated the

 

vehicle.

 

     (b) A person arrested for a crime described in section 625c(1)

 

shall be advised of all of the following:

 

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

 

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

 

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

 

choosing administer 1 of the chemical tests.

 

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

 

proceeding as provided under this act and will be considered with

 

other admissible evidence in determining the defendant's innocence

 

or guilt.


 

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

 

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

 

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

 

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

 

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

 

court order.

 

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

 

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

 

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

 

designation or operating privilege and in the addition of 6 points

 

to his or her driver record.

 

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

 

collected in a reasonable manner. Only a licensed physician, or an

 

individual operating under the delegation of a licensed physician

 

under section 16215 of the public health code, 1978 PA 368, MCL

 

333.16215, qualified to withdraw blood and acting in a medical

 

environment, may withdraw blood at a peace officer's request to

 

determine the amount of alcohol or presence of a controlled

 

substance or both in the person's blood, as provided in this

 

subsection. Liability for a crime or civil damages predicated on

 

the act of withdrawing or analyzing blood and related procedures

 

does not attach to a licensed physician or individual operating

 

under the delegation of a licensed physician who withdraws or

 

analyzes blood or assists in the withdrawal or analysis in

 

accordance with this act unless the withdrawal or analysis is

 

performed in a negligent manner.

 

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


 

administered at the request of a peace officer having reasonable

 

grounds to believe the person has committed a crime described in

 

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

 

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

 

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

 

choosing administer 1 of the chemical tests described in this

 

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

 

test results are admissible and shall be considered with other

 

admissible evidence in determining the defendant's innocence or

 

guilt. If the person charged is administered a chemical test by a

 

person of his or her own choosing, the person charged is

 

responsible for obtaining a chemical analysis of the test sample.

 

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

 

the accident is transported to a medical facility and a sample of

 

the driver's blood is withdrawn at that time for medical treatment,

 

the results of a chemical analysis of that sample are admissible in

 

any civil or criminal proceeding to show the amount of alcohol or

 

presence of a controlled substance or both in the person's blood at

 

the time alleged, regardless of whether the person had been offered

 

or had refused a chemical test. The medical facility or person

 

performing the chemical analysis shall disclose the results of the

 

analysis to a prosecuting attorney who requests the results for use

 

in a criminal prosecution as provided in this subdivision. A

 

medical facility or person disclosing information in compliance

 

with this subsection is not civilly or criminally liable for making

 

the disclosure.

 

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


 

the accident is deceased, a sample of the decedent's blood shall be

 

withdrawn in a manner directed by the medical examiner to determine

 

the amount of alcohol or the presence of a controlled substance, or

 

both, in the decedent's blood. The medical examiner shall give the

 

results of the chemical analysis of the sample to the law

 

enforcement agency investigating the accident and that agency shall

 

forward the results to the department of state police.

 

     (g) The department of state police shall promulgate uniform

 

rules in compliance with the administrative procedures act of 1969,

 

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

 

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

 

for a preliminary chemical breath analysis may be used for a

 

chemical test described in this subsection if approved under rules

 

promulgated by the department of state police.

 

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

 

testing do not limit the introduction of any other admissible

 

evidence bearing upon any of the following questions:

 

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

 

of, alcoholic liquor, a controlled substance, or a combination of

 

alcoholic liquor and a controlled substance.

 

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

 

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

 

67 milliliters of urine. or, beginning October 1, 2013, the person

 

had an alcohol content of 0.10 grams or more per 100 milliliters of

 

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

 

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

 

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


 

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

 

of the following:

 

     (i) An alcohol content of 0.02 grams or more but less than 0.08

 

grams per 100 milliliters of blood, per 210 liters of breath, or

 

per 67 milliliters of urine. or, beginning October 1, 2013, the

 

person had an alcohol content of 0.02 grams or more but less than

 

0.10 grams or more per 100 milliliters of blood, per 210 liters of

 

breath, or per 67 milliliters of urine.

 

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

 

from the consumption of alcoholic liquor, other than the

 

consumption of alcoholic liquor as a part of a generally recognized

 

religious service or ceremony.

 

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

 

administered, the test results shall be made available to the

 

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

 

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

 

prosecution shall furnish the results at least 2 days before the

 

day of the trial. The prosecution shall offer the test results as

 

evidence in that trial. Failure to fully comply with the request

 

bars the admission of the results into evidence by the prosecution.

 

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

 

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

 

for a crime described in section 625c(1) only to show that a test

 

was offered to the defendant, but not as evidence in determining

 

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

 

accordingly.

 

     Sec. 625g. (1) If a person refuses a chemical test offered


 

pursuant to under section 625a(6), or submits to the chemical test

 

or a chemical test is performed pursuant to under a court order and

 

the test reveals an unlawful alcohol content, the peace officer who

 

requested the person to submit to the test shall do all of the

 

following:

 

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

 

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

 

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

 

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

 

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

 

secretary of state.

 

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

 

of the following:

 

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

 

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

 

the secretary of state.

 

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

 

enforcement information network that a temporary license or permit

 

was issued to the person.

 

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

 

     (2) If a person submits to a chemical test offered pursuant to

 

under section 625a(6) that requires an analysis of blood or urine

 

and a report of the results of that chemical test is not

 

immediately available, the peace officer who requested the person

 

to submit to the test shall comply with subsection (1)(a) pending

 

receipt of the test report. If the report reveals an unlawful

 

alcohol content, the peace officer who requested the person to


 

submit to the test shall immediately comply with subsection (1)(b).

 

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

 

peace officer who requested the person to submit to the test shall

 

immediately notify the person of the test results and immediately

 

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

 

address given at the time of arrest.

 

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

 

valid for 1 of the following time periods:

 

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

 

or until the person's license or permit is suspended pursuant to

 

under section 625f, whichever occurs earlier. The prosecuting

 

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

 

the prosecuting attorney is not prosecuted. The arresting law

 

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

 

not referred to the prosecuting attorney for prosecution.

 

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

 

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

 

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

 

restricted, or revoked.

 

     (4) As used in this section, "unlawful alcohol content" means

 

any of the following, as applicable:

 

     (a) If the person tested is less than 21 years of age, 0.02

 

grams or more of alcohol per 100 milliliters of blood, per 210

 

liters of breath, or per 67 milliliters of urine.

 

     (b) If the person tested was operating a commercial motor

 

vehicle within this state, 0.04 grams or more of alcohol per 100

 

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


 

milliliters of urine.

 

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

 

subdivision (a) or (b), 0.08 grams or more of alcohol per 100

 

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

 

milliliters of urine. , or, beginning October 1, 2013, 0.10 grams

 

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

 

breath, or per 67 milliliters of urine.

 

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

 

alcohol content of 0.04 grams or more but less than 0.08 grams per

 

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

 

milliliters of urine, or, beginning October 1, 2013, an alcohol

 

content of 0.04 grams or more but less than 0.10 grams per 100

 

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

 

milliliters of urine, shall not operate a commercial motor vehicle

 

within this state.

 

     (2) A peace officer may arrest a person without a warrant

 

under either of the following circumstances:

 

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

 

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

 

motor vehicle involved in the accident and was operating the

 

vehicle in violation of this section or a local ordinance

 

substantially corresponding to this section.

 

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

 

motor vehicle parked or stopped on a highway or street within this

 

state if any part of the vehicle intrudes into the roadway and the

 

peace officer has reasonable cause to believe the person was

 

operating the vehicle in violation of this section or a local


 

ordinance substantially corresponding to this section.

 

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

 

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

 

ordinance substantially corresponding to this section is guilty of

 

a misdemeanor punishable by imprisonment for not more than 93 days

 

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

 

the prosecution.

 

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

 

substantially corresponding to this section within 7 years of 1

 

prior conviction may be sentenced to imprisonment for not more than

 

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

 

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

 

substantially corresponding to this section within 10 years of 2 or

 

more prior convictions is guilty of a felony and shall be sentenced

 

to pay a fine of not less than $500.00 or more than $5,000.00 and

 

to either of the following:

 

     (a) Imprisonment under the jurisdiction of the department of

 

corrections for not less than 1 year or more than 5 years.

 

     (b) Probation with imprisonment in the county jail for not

 

less than 30 days or more than 1 year and community service for not

 

less than 60 days or more than 180 days. Not less than 48 hours of

 

the imprisonment imposed under this subdivision shall be served

 

consecutively.

 

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

 

shall not be suspended.

 

     (7) Subject to subsection (9), as used in this section, "prior

 

conviction" means a conviction for any of the following, whether


 

under a law of this state, a local ordinance substantially

 

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

 

substantially corresponding to a law of this state:

 

     (a) Except as provided in subsection (8), a violation or

 

attempted violation of any of the following:

 

     (i) This section.

 

     (ii) Section 625, except a violation of section 625(2), or a

 

violation of any prior enactment of section 625 in which the

 

defendant operated a vehicle while under the influence of

 

intoxicating or alcoholic liquor or a controlled substance, or a

 

combination of intoxicating or alcoholic liquor and a controlled

 

substance, or while visibly impaired, or with an unlawful bodily

 

alcohol content.

 

     (iii) Former section 625b.

 

     (iv) Section 601d or section 626(3) or (4).

 

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

 

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

 

crimes.

 

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

 

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.

 

     (9) If 2 or more convictions described in subsection (7) are

 

convictions for violations arising out of the same transaction,

 

only 1 conviction shall be used to determine whether the person has

 

a prior conviction.

 

     Enacting section 1. This amendatory act does not take effect


 

unless Senate Bill No.____ or House Bill No. 5664(request no.

 

05069'12 a *) of the 96th Legislature is enacted into law.