(A) Driving under the influence.
(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 controlled substance.
(b) The person has a blood 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 division (A)(1), a finding of guilty under this division 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 division,
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 division (A)(4) while another person who is less than 16 years of age is occupying the vehicle.
(B) Testing for alcohol or other substances.
(1) If a person refuses a chemical test offered pursuant to M.C.L.A. § 257.625a(6) or its equivalent ordinance provisions, or submits to a chemical test or a chemical test is performed pursuant to 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 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 division (B)(2), immediately do all of the following:
1. Forward a copy of the written report of the person's refusal to submit to a chemical test required under M.C.L.A. § 257.625d or its equivalent ordinance provision to the Secretary of State.
2. Notify the Secretary of State by means of the law enforcement information network that a temporary license or permit was issued to the person.
3. Destroy the person's driver's license or permit.
(2) If a person submits to a chemical test offered pursuant to M.C.L.A. § 257.625a(6) or its equivalent ordinance provisions 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 subdivision (B)(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 division (B)(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 one 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 M.C.L.A. § 257.625f or its equivalent ordinance provision, 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 division,
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 66 milliliters of urine.
(c) If the person tested is not a person described in division (B)(4)(a) or (B)(4)(b), 0.10 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(Ord. 183, passed 1-20-92; Am. Ord. 247, passed 8-16-99) Penalty, see § 70.99
Cross-reference:
Alcoholic beverages in parks prohibited, see § 95.12
Alcohol and minors, see § 130.02
Possession or use of weapon while under influence prohibited, see § 131.05