(A) Operating, or authorizing or knowingly permitting another person to operate motor vehicle while under influence of intoxicating liquor or controlled substance, or combination thereof, or with certain blood alcohol content prohibited; operating motor vehicle when visibly impaired prohibited; penalties for causing death or serious impairment of a body function; operation of motor vehicle by person less than 21 years of age; sanctions; costs; enhanced sentence; guilty plea or nolo contenders; establishment of prior conviction; attempted violations; special verdict; public record.
(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 or 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 or a controlled substance, or a combination of intoxicating liquor and a controlled substance, or 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.
(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 an intoxicating liquor, a controlled substance, or a combination of an 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) of this section, a finding of guilty under division (A)(3) of this section 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 (A)(4) of this section, “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) If a person is convicted of violating division (A)(1) of this section, all of the following apply:
(a) Except as otherwise provided in division (A)(5)(b) and (d) of this section, 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. Imprisonment for not more than 90 days.
3. A fine of not less than $100 or more than $500.
(b) If the violation occurs within seven years of a prior conviction, the person shall be sentenced to pay a fine of not less than $200 or more than $1,000 and either of the following:
1. Community service for not less than ten days or more than 90 days and may be imprisoned for not more than 1 year.
2. Imprisonment for not less than 48 consecutive hours or more than one year and may be sentenced to community service for not more than 90 days.
(c) A term of imprisonment imposed under division (A)(5)(b)2. of this section shall not be suspended.
(d) As used in this division (A)(5)(d) of this section, “prior conviction” means a conviction for a violation or attempted violation of division (A)(1), (4), or (5) of this section or former section division (A)(1) or (2) of this section, or a law of another state substantially corresponding to division (A)(1), (4), or (5) of this section or former section 5.15(1) or (2) of the Michigan Uniform Traffic Code.
(6) A person who is convicted of violating division (A)(2) of this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $100 or more than $500, or both.
(7) If a person is convicted of violating division (A)(3) of this section, all of the following apply:
(a) Except as otherwise provided in division (A)(7)(b) and (c) of this section, 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. Imprisonment for not more than 90 days.
3. A fine of not more than $300.
(b) If the violation occurs within seven years of one prior conviction, the person shall be sentenced to pay a fine of not less than $200 or more than $1,000, and either of the following.
1. Community service for not less than ten days.
2. Imprisonment for not more than one year and may be sentenced to community service for not more than 90 days.
3. A fine of not more than $300.
(c) If the violation occurs within ten years of two or more prior convictions, the person shall be sentenced to pay a fine of not less than $200 or more than $1,000, and either of the following:
1. Community service for not less than ten days or more than 90 days and may be sentenced to imprisonment for not more than one year.
2. Imprisonment for not more than one year and may be sentenced to community service for not more than 90 days.
(d) As used in this division (A)(7) of this section, “prior conviction” means a conviction for a violation or attempted violation of division (A)(1), (3), (4), or (5) of this section, former section 5.15(1) or (2) of the Michigan Uniform Traffic Code, or former section 5.15b of the Michigan Uniform Traffic Code, or a law of another state substantially corresponding to division (A)(1), (3), (4), or (5) of this section, former section 5.15(1) or (2) of the Michigan Uniform Traffic Code, or former section 5.15b of the Michigan Uniform Traffic Code.
(8) If a person is convicted of violating division (A)(4) of this section, the following shall apply:
(a) Except as otherwise provided in division (A)(8)(b) of this section the person is guilty of a misdemeanor punishable by one or both of the following:
1. Community service for not more than 45 days.
2. A fine of not more than $250.
(b) If the violation occurs within seven years of one or more prior convictions, the person may be sentenced to one or both of the following:
1. Community service for not more than 60 days.
2. A fine of not more than $500.
(c) As used in this division (A)(8) of this section, “prior conviction” means a conviction for a violation or attempted violation of division (A)(1), (3), or (4) of this section, former section 5.15(1) or (2) of the Michigan Uniform Traffic Code, or former section 5.15b of the Michigan Uniform Traffic Code, or a law of another state substantially corresponding to division (A)(1), (3), or (4) of this section, former section 5.15(1) or (2) of the Michigan Uniform Traffic Code, or former section 5.15b of the Michigan Uniform Traffic Code.
(9) In addition to imposing the sanctions prescribed under division (A)(5), (7), or (8) of this section, the court may order the person to pay the costs of the prosecution, pursuant to the code of criminal procedure, Act No. 175 of the Public Acts of 1927, being M.C.L.A. §§ 760.1 to 776.21, and/or local ordinance.
(10) The court shall impose license sanctions pursuant to division (C) of this section.
(11) A person sentenced to perform community service under this division shall not receive compensation and shall reimburse the city for the cost of supervision incurred by the city as a result of the person's activities in that service.
(12) If the prosecuting attorney intends to seek an enhanced sentence under division (A)(5)(b) or (d), (7)(b) or (c), or (8)(b) of this section based upon the defendant having one 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 recorder's court, municipal court, or probate court a statement listing the defendant's prior convictions.
(13) If a person is charged with a violation of divisions (A)(1) or (3) of this section, the court shall not permit the defendant to enter a plea of guilty or nolo contenders to a charge of violating division (A)(4) of this section in exchange for dismissal of the original charge. This division (A)(13) of this section does not prohibit the court from dismissing the charge upon the motion of the prosecuting attorney.
(14) A prior conviction shall be established at sentencing by one or more of the following:
(a) An abstract of conviction.
(b) A copy of the defendant's driving record.
(c) An admission by the defendant.
(15) A person who is convicted of an attempted violation of division (A)(1), (3), or (4) of this section shall be punished as if the offense had been completed.
(16) When assessing points and taking licensing action under this act, the Secretary of State and the court shall treat a conviction of an attempted violation of division (A)(1), (3), or (4) of this section or a law of another state substantially corresponding to division (A)(1), (3), or (4) of this section the same as if the offense had been completed.
(17) Except as otherwise provided in division (A)(19) of this section, 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 division (A)(1) of this section, 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 contenders, 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.
(18) Except as otherwise provided in division (A)(19) of this section, 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 division (A)(3) of this section, 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 contenders, 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.
(19) A special verdict described in division (A)(17) and (18) of this section 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 of a combination of intoxicating 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 intoxicating liquor and a controlled substance at the time of the violation.
(20) If a jury or court makes a finding under division (A)(17), (18), or (19) of this section that the defendant operated a motor vehicle under the influence of or while impaired due to the consumption of a controlled substance, or 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) Forward to the Department of State Police, on a form or forms prescribed by the state court administrator, a record that specifies the penalties imposed by the court, including any term of imprisonment and any licensing sanction imposed under division (C) of this section.
(21) Except as otherwise provided by law, a record described in division (A)(20)(b) of this section is a public record, and the Department of State Police shall retain the information contained on that record for a period of not less than seven years.
(22) In a prosecution for a violation of division (A)(4) of this section, the defendant shall bear 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.
(B) Reasonable cause to believe operator of vehicle involved in accident in violation of division (A)(1), (3), or (4) of this section; arrest; preliminary chemical breath analysis; determining whether operator should be ordered out-of-service; refusal of commercial motor vehicle operator to submit to breath analysis as misdemeanor; provisions applicable to chemical tests and analysis: evidence; availability of test results: presumptions: admissibility of refusal to submit to chemical test.
(1) A peace officer may arrest a person without a warrant when the peace officer has reasonable cause to believe the person was, at the time of an accident in this city, the operator of a vehicle involved in the accident and was operating the vehicle in violation of division (A)(1), (3), or (4) of this section.
(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 city and that the person by the consumption of intoxicating 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 city while the person's blood, breath, or urine contained any measurable amount of alcohol or while the person had any detectable presence of intoxicating 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 city, while the person had any bodily alcohol content as that term is defined in division (A)(4) of this section, 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 pursuant to this division (B)(2) of this section:
(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 (D)(1) of this section or in an administrative hearing for one or more of the following purposes:
1. To assist the court or hearing officer in determining a challenge to the validity of an arrest. This division (B)(2)(b)1. of this section does not limit the introduction of other competent evidence offered to establish the validity of an arrest.
2. As evidence of the defendant's breath alcohol content, if offered by the defendant.
3. As evidence of the defendant's breath alcohol content, if offered by the prosecution to rebut testimony or other evidence, including but not limited to testimony elicited on cross-examination of a prosecution witness, that is offered or elicited to prove that the defendant's breath alcohol content was lower at the time of the charged offense when a chemical test was administered pursuant to division (B)(6) of this section.
(c) A person who submits to a preliminary chemical breath analysis remains subject to the requirements of divisions (D) through (G) of this section for purposes of chemical tests described in those divisions.
(d) Except as provided in division (B)(5) of this section, 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 division to determine whether to order a person out-of-service under section 319d of the Michigan Uniform Traffic Code. A peace officer shall order out-of-service as required under section 319d of the Michigan Uniform Traffic Code a person who was operating a commercial motor vehicle and who refuses to submit to a preliminary chemical breath analysis as provided in this division. This division 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 of the Michigan Uniform Traffic Code.
(4) A person who was operating a commercial motor vehicle and who is requested to submit to a preliminary chemical breath analysis under this division shall be advised that refusing a peace officer's request to take a test described in this division is a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100, 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 90 days or a fine of not more than $100, 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.
(b) A person arrested for a crime described in division (D)(1) of this section shall be advised of all of the following:
1. 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 one of the chemical tests.
2. The results of the test are admissible in a judicial proceeding as provided under this act and will be considered with other competent evidence in determining the defendant's innocence or guilt.
3. He or she is responsible for obtaining a chemical analysis of a test sample obtained pursuant to his or her own request.
4. If he or she refuses the request of a peace officer to take a test described in division (B)(6)(b)1. of this section, a test shall not be given without a court order, but the peace officer may seek to obtain such a court order.
5. Refusing a peace officer's request to take a test described in division (B)(6)(b)1. of this section 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 six 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, Act No. 368 of the Public Acts of 1978, being M.C.L.A. § 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 division (B)(6)(c) of this section. 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 division (B)(6)(d) of this section shall be administered at the request of a peace officer having reasonable grounds to believe the person has committed a crime described in division (D)(1) of this section. 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 one of the chemical tests described in this division (B)(6)(d) of this section within a reasonable time after his or her detention. The test results are admissible and shall be considered with other competent 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 division (B)(6)(e) of this section. A medical facility or person disclosing information in compliance with this division (B)(6)(e) of this section 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 under the Administrative Procedures Act of 1969, Act No. 306 of the Public Acts of 1969, being M.C.L.A. §§ 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 division (B)(6)(g) of this section if approved pursuant to rules promulgated by the Department of State Police.
(7) The provisions of division (B)(6) of this section relating to chemical testing do not limit the introduction of any other competent evidence bearing upon the question of whether a person was impaired by, or under the influence of, intoxicating liquor or a controlled substance, or a combination of intoxicating liquor and a controlled substance, or whether 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, or 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 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.
(8) If a chemical test described in division (B)(6) of this section 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 two 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) Except in a prosecution relating solely to a violation of division (A)(1)(b) or (6) of this section, the amount of alcohol in the driver's blood, breath, or urine at the time alleged as shown by chemical analysis of the person's blood, breath, or urine gives rise to the following presumptions:
(a) If there were at the time 0.07 grams or less of alcohol per 100 milliliters of the defendant's blood, per 210 liters of the defendant's breath, or per 67 milliliters of the defendant's urine, it is presumed that the defendant's ability to operate a motor vehicle was not impaired due to the consumption of intoxicating liquor, and that the defendant was not under the influence of intoxicating liquor.
(b) If there were at the time more than 0.07 grams but less than 0.10 grams of alcohol per 100 milliliters of the defendant's blood, per 210 liters of the defendant's breath, or per 67 milliliters of the defendant's urine, it is presumed that the defendant's ability to operate a vehicle was impaired within the provisions of division (A)(3) of this section due to the consumption of intoxicating liquor.
(c) If there were at the time 0.10 grams or more of alcohol per 100 milliliters of the defendant's blood, per 210 liters of the breath, or per 67 milliliters of the defendant's urine, it is presumed that the defendant was under the influence of intoxicating liquor.
(10) A person's refusal to submit to a chemical test as provided in division (B)(6) of this section is admissible in a criminal prosecution for a crime described in division (D)(1) of this section 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.
(C) Arraignment of person arrested for misdemeanor violation: pretrial conference; advising accused of maximum penalty before acceptance of plea; screening, assessment, and rehabilitative services; consideration of, prior convictions: restricted license; surrender of license; suspension or revocation of group designations; “work location” defined.
(1) A person arrested for,a misdemeanor violation of divisions (A)(1), (3), or (4) or (I) of this section shall be arraigned on the citation, complaint, or warrant not more than 14 days after the arrest for the violation or, if an arrest warrant is issued or reissued, not more than 14 days after the issued or reissued arrest warrant is served, whichever is later. The court shall not dismiss a case or impose any other sanction for a failure to comply with this time limit. The time limit does not apply to a violation of division (A)(1) of this section punishable under division (A)(7)(d) of this section or a violation of divisions (A)(1), (3), or (4) or (I) of this section joined with a felony charge.
(2) The court shall schedule a pretrial conference between the prosecuting attorney, the defendant, and the defendant's attorney in each case in which the defendant is charged with a misdemeanor violation of divisions (A)(1), (3), or (4) or (I) of this section. The pretrial conference shall be held not more than 35 days after the person's arrest for the violation or, if an arrest warrant is issued or reissued, not more than 35 days after the issued or reissued arrest warrant is served, whichever is later. If the court has only one judge who sits in more than one location in that district, the pretrial conference shall be held not more than 42 days after the person's arrest for the violation or, if an arrest warrant is issued or reissued, not more than 42 days after the date the issued or reissued arrest warrant is served, whichever is later. The court shall not dismiss a case or impose any other sanction for a failure to comply with the applicable time limit. The 35- and 42-daytime limits do not apply to a violation of division (A)(1) of this section punishable under division (A)(7)(d) of this section or a violation of divisions (A)(1), (3), or (4) or (I) of this section joined with a felony charge. The court shall order the defendant to attend the pretrial conference and may accept a plea by the defendant at the conclusion of the pretrial conference. The court may adjourn the pretrial conference upon the motion of a party for good cause shown. Not more than one adjournment shall be granted to a party, and the length of an adjournment shall not exceed 14 days.
(3) Except for delay attributable to the unavailability of the defendant, a witness, or material evidence or due to an interlocutory appeal or exceptional circumstances, but not a delay caused by docket congestion, the court shall finally adjudicate by a plea of guilty or nolo contenders, entry of a verdict, or other final disposition, a case in which the defendant is charged with a misdemeanor violation of divisions (A)(1), (3), or (4) or (I) of this section, within 77 days after the person is arrested for the violation or, if an arrest warrant is issued or reissued, not more than 77 days after the date the issued or reissued arrest warrant is served, whichever is later. The court shall not dismiss a case or impose any other sanction for a failure to comply with this time limit. The 77-day time limit does not apply to a violation of division (A)(1) of this section punishable under division (A)(7)(d) of this section or a violation of divisions (A)(1), (3), or (4) or (I) of this section joined with a felony charge.
(4) Before accepting a plea of guilty or nolo contenders under division (A)(1), (2), (3), or (4) of this section, the court shall advise the accused of the maximum possible term of imprisonment and the maximum possible fine that maybe imposed for the violation, and shall advise the defendant that the maximum possible license sanctions that may be imposed will be based upon the master driving record maintained by the Secretary of State pursuant to section 204a of the Michigan Uniform Traffic Code.
(5) Before imposing sentence, other than court-ordered license sanctions, for a violation of division (A)(1), (3), or (4) of this section, the court shall order the person to undergo screening and assessment by a person or agency designated by the office of substance abuse services to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs. As part of the sentence, the court may order the person to participate in and successfully complete one or more appropriate rehabilitative programs. The person shall pay for the costs of the screening, reassessment, and rehabilitative services.
(6) Immediately upon acceptance by the court of a plea of guilty or nolo contenders or upon entry of a verdict of guilty for a violation of division (A)(1), (3), or (4) of this section, whether or not the person is eligible to be sentenced as a multiple offender, the court shall consider all prior convictions currently entered upon the person's state driving record, except convictions the court determines upon the defendant's motion to be constitutionally invalid, and shall impose the following licensing sanctions:
(a) For a conviction under division (A)(1) of this section.
1. If the court finds that the person has no prior convictions within seven years for a violation of division (A)(1) or (3), former section 5.15(1) or (2) of the Michigan Uniform Traffic Code, or former section 5.15b of the Michigan Uniform Traffic Code, or a law of another state substantially corresponding to division (A)(1) or (3) of this section, former section 5.15(1) or (2) of the Michigan Uniform Traffic Code, or former section 5.15b of the Michigan Uniform Traffic Code, the court shall order the Secretary of State to suspend the person's operator's or chafferer's license for not less than six months or more than two years. If the court finds compelling circumstances under division (C)(10) of this section sufficient to warrant the issuance of a restricted license to a person, the court may order the Secretary of State to issue to the person a restricted license during all or a specified portion of the suspension, except that a restricted license shall not be issued during the first 30 days of the suspension.
2. If the court finds that the person has one prior conviction within seven years for a violation of division (A)(3) of this section or former section 5.15b of the Michigan Uniform Traffic Code, , or a law of another state substantially corresponding to division (A)(3) of this section or former section 5.15b of the Michigan Uniform Traffic Code, the court shall order the Secretary of State to suspend the person s operator's or chauffeur's license for not less than six months or more than two years. If the court finds compelling circumstances under division (C)(10) of this section sufficient to warrant the issuance of a restricted license to a person, the court may order the Secretary of State to issue to the person a restricted license during all or any portion of the suspension, except that a restricted license shall not be issued during the first 60 days of the suspension.
3. If the court finds that the person has one or more prior convictions within seven years for a violation of division (A)(1) of this section or former section 5.15(1) or (2) of the Michigan Uniform Traffic Code, or a law of another state substantially corresponding to division (A)(1) of this section or former section 5.15(1) or (2) of the Michigan Uniform Traffic Code, or that the person has two or more prior convictions within ten years for a violation of division (A)(1) or (3) of this section, former section 5.15(1) or (2) of the Michigan Uniform Traffic Code, or former section 5.15b of the Michigan Uniform Traffic Code, or a law of another state substantially corresponding to division (A)(1) or (3) of this section, former section 5.15(1) or (2) of the Michigan Uniform Traffic Code, or former section 5.15b of the Michigan Uniform Traffic Code, the court shall order the Secretary of State to revoke the person's operator's or chauffeur's license and shall not order the Secretary of State to issue a restricted license to the person.
(b) For a conviction under division (A)(3) of this section:
1. If the court finds that the convicted person has no prior conviction within seven years for a violation of division (A)(1) or (3) of this section, former section 5.15(1) or (2) of the Michigan Uniform Traffic Code, or former section 5.15b of the Michigan Uniform Traffic Code, or a law of another state substantially corresponding to division (A)(1), (3), (4), or (5) of this section, former section 5.15(1) or (2) of the Michigan Uniform Traffic Code, or former section 5.15b of the Michigan Uniform Traffic Code, the court shall order the Secretary of State to suspend the person's operator's or chauffeur's license for not less than 90 days or more than one year. However, if the person is convicted of a violation of division (A)(3) of this section for operating a vehicle when, due to the consumption of a controlled substance or a combination of intoxicating liquor and a controlled substance, the person's ability to operate the vehicle was visibly impaired, the court shall order the Secretary of State to suspend the operator's or chauffeur's license of the person for not less than six months or more than one year. If the court finds compelling circumstances under division (C)(10) of this section sufficient to warrant the issuance of a restricted license to a person, the court may order the Secretary of State to issue to the person a restricted license during all or a specified portion of the suspension.
2. If the court finds that the person has one prior conviction within seven years for a violation of division (A)(1) or (3) of this section, former section 5.15(1) or (2) of the Michigan Uniform Traffic Code, or former section 5.15b of the Michigan Uniform Traffic Code, or a law of another state substantially corresponding to division (A)(1) or (3) of this section, former section 5.15(1) or (2) of the Michigan Uniform Traffic Code, or former 5.15b of the Michigan Uniform Traffic Code, the court shall order the Secretary of State to suspend the person's operator's or chauffeur's license for not less than six months or more than two years. If the court finds compelling circumstances under division (C)(10) of this section sufficient to warrant the issuance of a restricted license to a person, the court may order the Secretary of State to issue to the person a restricted license during all or any portion of the suspension, except that a restricted license shall not be issued during the first 60 days of the suspension.
3. If the court finds that the person has two or more prior convictions within ten years for a violation of division (A)(1) or (3) of this section, former section 5.15(1) or (2) of the Michigan Uniform Traffic Code, or former section 5.15b of the Michigan Uniform Traffic Code, or a law of another state substantially corresponding to division (A)(1) or (3) of this section, former section 5.15(1) or (2) of the Michigan Uniform Traffic Code, or former section 5.15b of the Michigan Uniform Traffic Code, the court shall order the Secretary of State to revoke the person's operator's or chauffeur's license and shall not order the Secretary of State to issue a restricted license to the person.
(c) For a conviction under division (A)(4) of this section:
1. If the court finds that the convicted person has no prior conviction within seven years for a violation of division (A)(1), (3), or (4) of this section, former section 5.15(1) or (2) of the Michigan Uniform Traffic Code, or former section 5.15b of the Michigan Uniform Traffic Code, or a law of another state substantially corresponding to division (A)(1), (3), or (4) of this section, former section 5.15(1) or (2) of the Michigan Uniform Traffic Code, or former section 5.15b of the Michigan Uniform Traffic Code, the court shall order the Secretary of State to suspend the operator's or chauffeur's license of the person for not less than 30 days or more than 90 days. The court may order the Secretary of State to issue to the person a restricted license during all or a specified portion of the suspension.
2. If the court finds that the person has one or more prior convictions within seven years for a violation of division (A)(1), (3) or (4) of this section, former section 5.15(1) or (2) of the Michigan Uniform Traffic Code, or former section 5.15b of the Michigan Uniform Traffic Code, or a law of another state substantially corresponding to division (A)(1), (3) or (4) of this section, former section 5.15(1) or (2) of the Michigan Uniform Traffic Code, or former section 5.15b of the Michigan Uniform Traffic Code, the court shall order the Secretary of State to suspend the operator's or chauffeur's license of the person for not less than 90 days or more than one year. The court may order the Secretary of State to issue to the person a restricted license during all or any portion of the suspension, except that a restricted license shall not be issued during the first 90 days of the suspension.
(7) A restricted license issued pursuant to an order under division (C)(6) of this section shall permit the person to whom it is issued to drive under one or more of the following circumstances:
(a) To and from the person's residence and work location.
(b) In the course of the person's employment or occupation.
(c) To and from the person's residence and an alcohol or drug education or treatment program as ordered by the court.
(d) To and from the person's residence and the court probation department or a court-ordered community service program, or both.
(e) To and from the person's residence and an educational institution at which the person is enrolled as a student.
(f) To and from the person's residence or work location and a place of regularly occurring medical treatment for a serious condition for the person or a member of the person's household or immediate family.
(8) The court may order that the restricted license issued pursuant to division (C)(6) of this section include the requirement that the person shall not operate a motor vehicle unless the vehicle is equipped with a functioning ignition interlock device. The device shall be set to render the motor vehicle inoperable if the device detects an alcohol content of 0.02 grams or more per 210 liters of breath of the person who offers a breath sample. The court may order installation of an ignition interlock device on any motor vehicle that the person owns or operates, the costs of which the person whose license is restricted shall bear.
(9) The court shall not order the Secretary of State under division (C)(6) of this section to issue a restricted license that would permit a person to operate a commercial motor vehicle that hauls hazardous materials.
(10) The court shall not order the Secretary of State to issue a restricted license unless the person states under oath, and the court finds pursuant to testimony taken in open court or pursuant to statements contained in a sworn affidavit on a form prescribed by the state court administrator, that both of the following are true:
(a) The person needs vehicular transportation to and from his or her work location, place of alcohol or drug education treatment, court probation department, court-ordered community service program, or educational institution, or a place of regularly occurring medical treatment for a serious condition, or in the course of the person's employment or occupation.
(b) The person is unable to take public transportation and does not have any family members or other individuals able to provide transportation to a destination or for a purpose described in division (C)(10)(a) of this section.
(11) The court order issued under division (C)(6) of this section and the restricted license shall indicate the permitted destinations of the person or the permitted purposes for which the person may operate a vehicle, the approved route or routes if specified by the court, and permitted times of travel.
(12) Immediately upon acceptance by the court of a plea of guilty or nolo contenders or upon entry of a verdict of guilty for a violation of division (A)(1), (3) or (4) of this section, the person shall surrender to the court his or her operator's or chauffeur's license or permit. The court shall immediately destroy the license or permit and forward an abstract of conviction with court-ordered license sanctions to the Secretary of State. Upon receipt of, and pursuant to, the abstract of conviction with court-ordered license sanctions, the Secretary of State shall suspend or revoke the person's license and, if ordered by the court and the person is otherwise eligible for a license, issue to the person a restricted license stating the limited driving privileges indicated on the abstract. If the judgment and sentence is appealed to circuit court, the court may ex parte order the Secretary of State to stay the suspension, revocation, or restricted license issued pursuant to this division pending the outcome of the appeal.
(13) In addition to any other suspension or revocation ordered under this division and as part of the sentence imposed upon a person who violates division (A)(1) or (3) of this section while operating a commercial motor vehicle, the court shall order the Secretary of State to suspend the vehicle group designations on the person's operator's or chauffeur's license in accordance with section 319b(1)(c) of the Michigan Uniform Traffic Code. If the vehicle was transporting hazardous material required to have a placard pursuant to 49 C.F.R. parts 100 to 199, the court shall order the Secretary of State to suspend the vehicle group designations on the person's operator's or chauffeur's license in accordance with section 319b(1)(d) of the Michigan Uniform Traffic Code. The court shall not order the Secretary of State to issue a restricted license that would permit the person to operate a commercial motor vehicle.
(14) In addition to any other suspension or revocation ordered under this division and as part of the sentence imposed upon a person who is convicted of a violation of division (A)(1), (3), or (4) of this section while operating a commercial motor vehicle within ten years of a prior conviction, the court shall order the Secretary of State to revoke the vehicle group designations on the persons operator's or chauffeur's license in accordance with section 319b(1)(e) of the Michigan Uniform Traffic Code. The court shall not order the Secretary of State to issue a restricted license that would permit the person to operate a commercial motor vehicle. As used in this division, “prior conviction” means a conviction under division (A)(1) or (3) of this section, former section 5.15(1) or (2) of the Michigan Uniform Traffic Code, or former section 5.15b of the Michigan Uniform Traffic Code, or a law of another state substantially corresponding to division (A)(1) or (4) of this section, former section 5.15(1) or (2) of the Michigan Uniform Traffic Code, or former section 5.15b of the Michigan Uniform Traffic Code involving the operation of a commercial motor vehicle, or a conviction under division (I) of this section, or a law of another state substantially corresponding to division (I) of this section.
(15) As used in this division, “work location” means, as applicable, the specific place or places of employment or the territory or territories regularly visited by the person in pursuance of the person's occupation, or both.
(D) Consent to chemical tests; persons not considered to have given consent to withdrawal of blood; administration of tests.
(1) A person who operates a vehicle upon a public 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 is considered to have given consent to chemical tests of his or her blood, breath, or urine for the purpose of determining the amount of alcohol or presence of a controlled substance or both in his or her blood or urine or the amount of alcohol in his or her breath in all of the following circumstances:
(a) If the person is arrested for a violation of divisions (A)(1), (3), or (4), (B)(5), or (I) of this section.
(2) A person who is afflicted with hemophilia, diabetes, or a condition requiring the use of an anticoagulant under the direction of a physician is not considered to have given consent to the withdrawal of blood.
(3) The tests shall be administered as provided in division (B)(6) of this section.
(E) Refusal to submit to chemical test; court order; report to Secretary of State: form.
(1) If a person refuses the request of a peace officer to submit to a chemical test offered pursuant to division (B)(6) of this section, a test shall not be given without a court order, but the officer may seek to obtain the court order.
(2) A written report shall immediately be forwarded to the Secretary of State by the peace officer. The report shall state that the officer had reasonable grounds to believe that the person had committed a crime described in division (D)(1) of this section, and that the person had refused to submit to the test upon the request of the peace officer and had been advised of the consequences of the refusal. The form of the report shall be prescribed and furnished by the Secretary of State.
(F) Refusal to submit to chemical test pursuant to division (E) of this section; request for hearing: notice.
(1) If a person refuses to submit to a chemical test pursuant to division (E) of this section, the peace officer shall immediately notify the person in writing that within 14 days of the date of the notice the person may request a hearing as provided in division (G) of this section. The form of the notice shall be prescribed and furnished by the Secretary of State.
(2) The notice shall specifically state that failure to request a hearing within 14 days will result in the suspension of the person's license or permit to drive. The notice shall also state that there is not a requirement that the person retain counsel for the hearing, though counsel would be permitted to represent the person at the hearing.
(G) Effect of failure to request hearing; hearing procedure; notice; authority of hearing officer; scope of hearing; finding; record; licensing sanctions; judicial review; notice to motor vehicle administrator of another state.
(1) If a person who refuses to submit to a chemical test pursuant to division (E) of this section does not request a hearing within 14 days after the date of notice pursuant to division (F) of this section, the Secretary of State shall impose the following license sanctions:
(a) If the person was operating a vehicle other than a commercial motor vehicle, suspend or deny the person's operator's or chauffeur's license or permit to drive, or nonresident operating privilege, for six months or, for a second or subsequent refusal within seven years, for one year. If the person is a resident without a license or permit to operate a vehicle in the city, the Secretary of State shall not issue the person a license or permit for six months or, for a second or subsequent refusal within seven years, for one year.
(b) If the person was operating a commercial motor vehicle, for the first refusal, suspend all vehicle group designations on the person's operator's or chauffeur's license or permit or nonresident privilege to operate a commercial motor vehicle or, if the person is a resident without a license or permit to operate a commercial motor vehicle in the city, not issue the person an operator's or chauffeur's license with vehicle group designations, for one year.
(c) If the person was operating a commercial motor vehicle, for a second or subsequent refusal that occurred in a separate incident from and within ten years of a prior refusal, revoke all vehicle group designations on the person's operator's or chauffeur's license or permit or nonresident privilege to operate a commercial motor vehicle or, if the person is a resident without a license or permit to operate a commercial motor vehicle in the city, not issue the person an operator's or chauffeur's license with vehicle group designations, for not less than ten years and until the person is approved for the issuance of a vehicle group designation.
(d) If the person was operating a commercial motor vehicle and was arrested for an offense enumerated in division (D) of this section other than a violation of divisions (B)(5) or (I) of this section, impose the license sanction described in division (G)(1)(a) of this section and the license sanction described in division (G)(1)(b) or (c) of this section, as applicable.
(2) If a hearing is requested, the Secretary of State shall hold the hearing in the same manner and under the same conditions as provided in section 322 of the Michigan Uniform Traffic Code. Not less than five days' notice of the hearing shall be mailed to the person requesting the hearing, to the peace officer who filed the report under division (E) of this section, and if the prosecuting attorney requests receipt of the notice, to the prosecuting attorney of the county where the arrest was made. The hearing officer may administer oaths, issue subpoenas for the attendance of necessary witnesses, and grant a reasonable request for an adjournment. Not more than one adjournment shall be granted to a party and the length of an adjournment shall not exceed 14 days. A hearing under this division (G)(2) of this section shall be scheduled to be held within 45 days after the date of arrest for the violation. The hearing officer shall not impose any sanction for a failure to comply with these time limits.
(3) Except for delay attributable to the unavailability of the defendant, a witness, or material evidence, or due to an interlocutory appeal or exceptional circumstances, but not a delay caused by docket congestion, a hearing shall be finally adjudicated within 77 days after the date of arrest. The hearing officer shall not impose any sanction for a failure to comply with this time limit.
(4) The hearing shall cover only the following issues:
(a) Whether the peace officer had reasonable grounds to believe that the person had committed a crime described in division (D)(1) of this section.
(b) Whether the person was placed under arrest for a crime described in division (D)(1) of this section.
(c) If the person refused to submit to the test upon the request of the officer, whether the refusal was reasonable.
(d) Whether the person was advised of the rights under division (B)(6) of this section.
(5) A person shall not order a hearing officer to make a particular finding on any issue enumerated in division (G)(4)(a) to (d) of this section.
(6) The hearing officer shall make a record of a hearing held pursuant to this division. The record shall be prepared and transcribed in accordance with section 86 of the Administrative Procedures Act of 1969, Act No. 306 of the Public Acts of 1969, being M.C.L.A. § 24.286. Upon notification of the filing of a petition for judicial review pursuant to section 323 of the Michigan Uniform Traffic Code and not less than ten days before the matter is set for review, the hearing officer shall transmit to the court in which the petition was filed the original or a certified copy of the official record of the proceedings. Proceedings at which evidence was presented need not be transcribed and transmitted if the sole reason for review is to determine whether the court will order the issuance of a restricted license. The parties to the proceedings for judicial review may stipulate that the record be shortened. A party unreasonably refusing to stipulate to a shortened record may be taxed by the court in which the petition is filed for the additional costs. The court may permit subsequent corrections to the record.
(7) If the person who requested a hearing does not prevail, the Secretary of State shall impose the following license sanctions after the hearing:
(a) If the person was operating a vehicle other than a commercial motor vehicle, suspend or deny issuance of a license or driving permit or a nonresident operating privilege of the person for six months or, for a second or subsequent refusal within seven years, for one year. If the person is a resident without a license or permit to operate a vehicle in the city, the Secretary of State shall not issue the person a license or permit for six months or, for a second or subsequent refusal within seven years, for one year. The person may file a petition in the circuit court of the county in which the arrest was made to review the suspension or denial as provided in section 323 of the Michigan Uniform Traffic Code.
(b) If the person was operating a commercial motor vehicle, impose the sanction prescribed under division (G)(1)(b) or (c) of this section, as applicable. The person may file a petition in the circuit court of the county in which the arrest was made to review the suspension or denial as provided in section 323 of the Michigan Uniform Traffic Code.
(c) If the person was operating a commercial motor vehicle and was arrested for an offense enumerated in division (D) of this section other than a violation of divisions (B)(5) or (I) of this section, impose the license sanctions described in division (F)(7)(a) and (b) of this section.
(8) If the person who requested the hearing prevails, the peace officer who filed the report under division (E) of this section may, with the consent of the prosecuting attorney, file a petition in the circuit court of the county in which the arrest was made to review the determination of the hearing officer as provided in section 323 of the Michigan Uniform Traffic Code.
(9) When it has been finally determined that a nonresident's privilege to operate a vehicle in the city has been suspended or denied, the department shall give notice in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of each state in which he or she has a license to operate a motor vehicle.
(H) Duties of peace officer if person refuses chemical test or if test reveals unlawful alcohol content, test results; duration of temporary license or permit, “unlawful alcohol content” defined.
(1) If a person refuses a chemical test offered pursuant to division (B)(6) of this section, or submits to the 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 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 division (H)(2) of this section, 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 division (E) of this section 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 division (B)(6) of this section 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 division (H)(1)(a) of this section 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 (H)(1)(b) of this section. 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 division 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 division (E) of this section 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 pleads guilty or nolo contenders to or is found guilty of or acquitted of those charges, or the person's license or permit is suspended pursuant to division (G) of this section, whichever occurs earlier.
(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 city, 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 division (H)(4)(a) or (b) of this section, 0.10 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(I) Operation of commercial motor vehicle by person with certain alcohol content, arrest at time of accident; violation as misdemeanor; sentence: “prior conviction” defined; attempted violation.
(1) A person, whether licensed or not, who has an alcohol content of 0.04 grams or more but not more than 0.07 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 city.
(2) A peace officer may arrest a person without a warrant if 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 division.
(3) A person who is convicted of a violation of this division is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $300, or both, together with costs of the prosecution. As part of the sentence, the court shall order the Secretary of State to suspend the vehicle group designations on the person's operator's or chauffeur's license pursuant to section 319b(1)(c) of the Michigan Uniform Traffic Code or, if the vehicle was carrying hazardous material required to have a placard pursuant to 49 C.F.R. parts 100 to 199, in accordance with section 319b(1)(d) of the Michigan Uniform Traffic Code. The court shall not order the Secretary of State to issue a restricted license that would permit the person to operate a commercial motor vehicle.
(4) A person who violates this division within ten years of a prior conviction may be sentenced to imprisonment for not more than one year or a fine of not more than $1,000, or both. As part of the sentence, the court shall order the Secretary of State to revoke the vehicle group designations on the person's operator's or chauffeur's license pursuant to section 319b(1)(e) of the Michigan Uniform Traffic Code. The court shall not order the Secretary of State to issue a restricted license that would permit the person to operate a commercial motor vehicle. As used in this division, “prior conviction” means a conviction for a violation of this division, division (A)(1), (3), (4), or (5) of this section, former section 5.15(1)or (2) of the Michigan Uniform Traffic Code, or former section 5.15b of the Michigan Uniform Traffic Code, or a law of another state substantially corresponding to this division, division (A)(1), (3), (4), or (5) of this section, former section 5.15(1) or (2) of the Michigan Uniform Traffic Code, or former section 5.15b of the Uniform Traffic Code, while operating a commercial motor vehicle.
(5) When assessing points and taking license actions under this act, the Secretary of State and the court shall treat a conviction for an attempted violation of division (I)(1) of this section, or a law of another state substantially corresponding to division (I)(1) of this section the same as if the offense had been completed.
Ord. 8.1, passed - - ; Am. Ord. passed 9-1-92; Am. Ord. passed 8-20-96)