(a) Unless otherwise provided, a person who violates or fails to comply with any of the provisions of this chapter is guilty of a misdemeanor and shall be fined not more than one hundred dollars ($100.00) or imprisoned not more than ninety days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(b) A person who violates Section 694.06(a) is responsible for a state civil infraction or is guilty of a misdemeanor, as follows, punishable by the following fines and sanctions:
(1) For a first violation, the minor is responsible for a state civil infraction and shall be fined not more than one hundred dollars ($100.00). A court may order a minor to participate in substance use disorder services as defined in Section 6230 of the Public Health Code, Act 368 of the Public Acts of 1978, as amended, being M.C.L.A. 333.6230, and as designated by the Administrator of the Office of Substance Abuse Services, and may order that minor to perform community service and to undergo substance abuse screening and assessment at his or her own expense by a person or agency as designated by the department-designated community mental health entity as defined in Section 100a of the Mental Health Code, 1974 PA 258, M.C.L.A. 330.1100a, in order to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs. A minor may be found responsible or admit responsibility only once under this subsection.
(2) For a second violation of Section 694.06(a) or M.C.L.A. 436.1703, Section 33b(1) of former 1933 (Ex Sess) PA 8, or a local ordinance substantially corresponding to M.C.L.A. 436.1703 or Section 33b(1) of former 1933 (Ex Sess) PA 8, the minor is guilty of a misdemeanor, and may be fined not more than two hundred dollars ($200.00), or by imprisonment for not more than thirty days but only if the court finds that the minor violated an order of probation, failed to successfully complete any treatment, screening, or community service ordered by the court, or failed to pay any fine for that conviction or juvenile adjudication, or both. The court may order a minor to participate in substance use disorder services as defined in Section 6230 of the Public Health Code, Act 368 of the Public Acts of 1978, being M.C.L.A. 333.6230, and as designated by the Administrator of the Office of Substance Abuse Services, and may order that minor to perform community service and to undergo substance abuse screening and assessment, at his or her own expense, by a person or agency as designated by the department-designated community mental health entity as defined in Section 100a of the Mental Health Code, 1974 PA 258, being M.C.L.A. 333.1100a, in order to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs. A court may order an individual subject to a misdemeanor conviction or juvenile adjudication of, or placed on probation regarding, a second violation of Section 694.06(a) to submit to a random or regular preliminary chemical breath analysis. The parent, guardian, or custodian of a minor who is less than 18 years of age and not emancipated under 1968 PA 293, M.C.L.A. 722.21 to 722.6, may request a random or regular preliminary chemical breath analysis as part of the probation.
(3) For a third or subsequent violation of Section 694.06(a), or M.C.L.A. 436.1703, Section 33b(1) of former 1933 (Ex Sess) PA 8 or, a local ordinance substantially corresponding to M.C.L.A. 436.1703 or Section 33b(1) of former 1933 (Ex Sess) PA 8, a fine of not more five hundred dollars ($500.00), or by imprisonment for not more than sixty days but only if the court finds that the minor violated an order of probation, failed to successfully complete any treatment, screening, or community service ordered by the court, or failed to pay any fine for that conviction or juvenile adjudication, or both, a court may order a minor to participate in substance use disorder services as defined in Section 6230 of the Public Health Code, Act 368 of the Public Acts of 1978, as amended, being M.C.L.A. 333.6230, and as designated by the Administrator of the Office of Substance Abuse Services, and may order that minor to perform community service and to undergo substance abuse screening and assessment, at his or her own expense, by a person or agency as designated by the department-designated community mental health entity as defined in Section 100a of the Mental Health Code, 1974 PA 258, M.C.L.A. 330.1100a, in order to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs. A court may order an individual subject to a misdemeanor conviction or juvenile adjudication of, or placed on probation regarding, a second violation of Section 694.06(a) to submit to a random or regular preliminary chemical breath analysis. The parent, guardian, or custodian of a minor who is less than 18 years of age and not emancipated under 1968 PA 293, M.C.L.A. 722.21 to 722.6, may request a random or regular preliminary chemical breath analysis as part of the probation.
(Ord. 28-95. Passed 10-3-95; Ord. 17-04. Passed 8-17-04; Ord. 12-3. Passed 7-3-12.)
(c) A person who violates Section 694.06(c) who is not a retail licensee or a retail licensee's clerk, agent, or employee and who violates this subsection shall be fined five hundred dollars ($500.00) and may be sentenced for up to sixty days imprisonment for a first offense, and shall be fined five hundred dollars ($500.00) and shall be sentenced to imprisonment for up to ninety days for a second offense, and may be ordered to perform community service.
(d) In addition to the penalties provided in this section, a person who violates Section 694.06 shall be subject to the operator's and chauffeur's license sanctions imposed by the court and the Secretary of State as provided in Section 33b of Act 8 of the Public Acts of the Extra Session of 1933, as amended.
(e) (Reserved)
(f) A person who violates Section 694.08 is guilty of a misdemeanor, punishable by a fine of not more than fifty dollars ($50.00) for each offense.
(g) A person who violates Section 694.09 is guilty of a misdemeanor, punishable by a fine of not more than fifty dollars ($50.00) for each offense. Pursuant to a probation order, the court may require a person who violates this section to participate in a health promotion and risk assessment program, if available. A probationer who is ordered to participate in a health promotion and risk reduction assessment program under this section is responsible for the costs of participating in the program. In addition, a person who violates this section is subject to the following:
(1) For the first violation the court may order the person to do one of the following:
A. Perform not more than sixteen hours of community service in a hospice, nursing home, or long-term care facility.
B. Participate in a health promotion and risk reduction program.
(2) For a second violation, in addition to participation in a health promotion and risk reduction program, the court may order the person to perform not more than thirty-two hours of community service in a hospice, nursing home, or long-term care facility.
(3) For a third and subsequent violation in addition to participation in a health promotion and risk reduction program, the court may order the person to perform not more than forty-eight hours of community service in a hospice, nursing home, or long-term care facility.
(Ord. 1-01. Passed 1-16-01; Ord. 12-3. Passed 7-3-12; Ord. 11-17. Passed 10-3-17.)