(a) Sections 625, 625a, 625b, 625c, 625d, 625e, 625f, 625g, 625h, 625i, 625k, 625l, 625m, 625n, covering driving while intoxicated and the amendments relating to the repeat offender package, effective October 1, 1999, as adopted and promulgated by the State of Michigan as Public Act 340 through 359 of the Michigan Public Acts of 1998, and as from time to time amended by the State of Michigan, being MCLA §§ 257.625 et seq., and MSA §§ 24.13101 et seq., are hereby adopted by reference, together with the following local amendments thereto, as adopted by the Flint City Council and placed on file with the City Clerk.
(b) Section 625 shall be amended as follows:
(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 City if either of the following applies:
a. The person is under the influence of intoxicating liquor, a controlled substance or a combination of intoxicating liquor and a controlled substance.
b. 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.
(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 City by a person who is under the influence of intoxicating liquor, a controlled substance, or a combination of intoxicating liquor and a controlled substance, who 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, or whose ability to operate the motor vehicle is visibly impaired due to the consumption of intoxicating liquor, a controlled substance, or a combination of intoxicating 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 City when, due to the consumption of intoxicating liquor, a controlled substance, or a combination of intoxicating 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 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 City 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 not less than 0.02 grams or more than 0.07 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 intoxicating liquor, other than consumption of intoxicating liquor as a part of a generally recognized religious service or ceremony.
(5) A person, whether licensed or not, shall not operate a vehicle in violation of subsection (1), (3), or (4) 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:
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.
(6) If a person is convicted for violating subsection (1) the person is guilty of a misdemeanor punishable by one or more of the following:
a. Community service for not more than 45 days.
b. Imprisonment for not more than 93 days.
c. A fine of not less than $100.00 or more than $500.00.
(7) A person who is convicted for violating subsection (2) is guilty of 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.
(8) A person who is convicted of violating subsection (3), is guilty of a misdemeanor punishable by one or more of the following:
a. Community service for not more than 45 days.
b. Imprisonment of not more than 93 days.
c. A fine of not more than $300.00.
(9) If a person is convicted of violating subsection (4), all of the following apply:
a. Except as otherwise provided in subsection b., the person is guilty of a misdemeanor punishable by one or more of the following:
1. Community service for not more than 45 days.
2. A fine of not more the $250.00.
b. If the violations occurs within seven years of one or more prior convictions, the person may be sentenced to one or more of the following:
1. Community service for not more than 45 days.
2. A fine of not more than $500.00.
3. Imprisonment of not more than 93 days.
(11) If the prosecuting attorney intends to seek an enhanced sentence under MCLA § 257.625n as adopted by the Flint City Code in § 28-28(a), or MCLA § 257.904 as adopted by the Flint City Code in § 28-187(a), based upon the defendant having one or more prior convictions, the prosecuting attorney shall include on the complaint or amended complaint filed in district court, a statement indicating the prosecuting attorney’s intention to seek an enhanced sentence and a listing of the defendant’s prior convictions.
(12) 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, Public Act 175 of 1927, MCLA §§ 760.1 to 777.69.
(13) 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 government as a result of the person’s activities in that service.
(14) If a person is charged with a violation of subsection (1), (3) or (5), or MCLA § 257.625m the Court shall not permit the defendant to enter a plea of guilty or nolo contendere to a charge of violating subsection (4) 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.
(15) Except as otherwise provided in subsection (17), if a person is charged with operating a vehicle while under the influence of a controlled substance or a combination of intoxicating liquor and a controlled substance in violation of 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 intoxicating liquor and a controlled substance at the time of the violation.
(16) Except as otherwise provided in subsection (17), 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 intoxicating liquor and a controlled substance in violation of 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 intoxicating liquor and a controlled substance, the person’s ability to operate a motor vehicle was visibly impaired at the time of the violation.
(17) A special verdict described in subsections (15) and (16) 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 intoxicating liquor 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 intoxicating liquor and a controlled substance at the time of the violation.
(18) If a jury or Court finds under subsection (15), (16) or (17) 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 intoxicating 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 sections MCLA § 257.625n as adopted by the Flint City Code in § 28-28(a), or MCLA § 257.904d as adopted by the Flint City Code in § 28-187(a).
(19) Except as otherwise provided by law, a record described in subsection (18)b. is a public record and the Department of State Police shall retain the information contained on that record for not less than seven years.
(20) In a prosecution for a violation of subsection (4), the defendant bears the burden of proving that the consumption of intoxicating liquor was a part of a generally recognized religious service or ceremony by a preponderance of the evidence.
(Ord. 3443, passed 10-11-1999)
Statutory reference:
Code of Criminal Procedure, see MCLA 760.1 through 777.69
Michigan Vehicle Code, see MCLA 257.625 et seq., 257.904 et seq.