(a) 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 the City if the person is operating while intoxicated. As used in this section, "operating while intoxicated" means either of the following applies:
(1) The person is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.
(2) 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.
(b) 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 the City by a person if any of the following apply:
(1) The person is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.
(2) The person has an alcohol content of 0.08 grams ormore 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 or urine.
(3) 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.
(c) 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 the City 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 (a), a finding of guilty under this subsection may be rendered.
(d) 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 the City if the person has any bodily alcohol content. As used in this subsection, "any bodily alcohol content" means either of the following:
(1) An alcohol content of not less than 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 not less than 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.
(2) 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.
(e) 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 the City if the person has in his or her body an amount of a controlled substance listed in schedule 1 under section 7212 of the Public Health Code, Act 368 of the Public Acts of 1978, being M.C.L.A. Section 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, Act 368 of the Public Acts of 1978, being M.C.L.A. Section 333.7214.
(f) If a person is convicted of violating subsection (a) or (e), all of the following apply:
(1) Except as otherwise provided in subsection (b)(2) and (b)(3), the person is guilty of a misdemeanor punishable by one or more of the following:
A. Community service for not more than 360 hours.
B. Imprisonment for not more than 93 days.
C. A fine or not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00).
(g) A person who is convicted of violating subsection (b) is guility of a crime as follows:
(1) Except as provided in subsections (b)(2) and (b)(3), a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00), or both.
(h) If a person is convicted of violating subsection (c), all of the following apply:
(1) Except as otherwise provided in subsections (b)(2) and (b)(3), the person is guilty of a misdemeanor punishable by one or more of the following:
A. Community service for not more than 360 hours.
B. Imprisonment for not more than 93 days.
C. A fine of not more than three hundred dollars ($300.00).
(i) If a person is convicted of violating subsection (d), all of the following apply:
(1) Except as otherwise provided in subdivision (2), the person is guilty of a misdemeanor punishable by one or both of the following:
A. Community service for not more than 360 hours.
B. A fine of not more than two hundred fifty dollars ($250.00).
(2) If the violation occurs within seven years of one or more prior convictions, the person may be sentenced to one or more of the following:
A. Community service for not more than 60 days.
B. A fine of not more than five hundred dollars ($500.00).
C. Imprisonment for not more than 93 days.
(j) 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, Act 175 of the Public Acts of 1927, being M.C.L.A., Section 760.1 to 777.69.
(k) A person sentenced to perform community service under this section shall not receive compensation and shall reimburse the City 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.
(l) If a person is charged with a violation of subsection (a), (c), or (e), the court shall not permit the defendant to enter a plea of guilty or nolo contendere to a charge of violating subsection (d) 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.
(m) Except as otherwise provided in subsection (o), 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 (a), 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.
(n) Except as otherwise provided in subsection (o), 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 (c), 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.
(o) A special verdict described in subsections (m) and (n) is not required if a jury is instructed to make a finding solely as to either of the following:
(1) 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.
(2) 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.
(p) If a jury or court finds under subsections (m), (n), or (o) 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:
(1) Report the finding to the Secretary of State.
(2) 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.
(q) Except as otherwise provided by law, a record described in subsection (p)(2) is a public record and the Department of State Police shall retain the information contained on that record for not less than seven years.
(r) In a prosecution for a violation of subsection (d), 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.
(s) The court may order as a condition of probation that a person convicted of violating subsection (a) or (e), shall not operate a motor vehicle unless that vehicle is equipped with an ignition interlock device approved, certified, and installed as required under sections 626k and 625l.
(Res. 99-522A. Passed 10-4-99; Res. 04-147A. Passed 4-12-04.)