(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 this state if the person is operating
while intoxicated. As used in this section OPERATING WHILE INTOXICATED means any of the following:
(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.
(3) The person has an alcohol content of 0.17 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 this state 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 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.
(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 this state 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 division (A), a finding of guilty under this division 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 this state if the person has any bodily alcohol content.
As used in this division, ANY BODILY ALCOHOL CONTENT means either of the following:
(1) An alcohol content of not less than 0.02 grams or more 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 this state if the person has in his or her body any amount of a controlled substance listed in schedule 1 under section 7212 of the public health code, 1978 PA 368, as amended, M.C.L.A. § 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, 1978 PA 368, as amended, M.C.L.A. § 333.7214.
(F) If a person is convicted of violating division (A)(1), (2) or (E), all of the following apply:
(1) 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 not less than $100 or more than $500.
(G) If a person is convicted of violating division (A)(3), all of the following apply:
(1) 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 180 days.
(c) A fine not less than $200 or more than $700.
(H) A person who is convicted of violating division (B) is guilty of a crime as follows:
(1) A misdemeanor punishable by imprisonment for not more than 93 days or a fine of not less than $100 or more than $500, or both.
(I) If a person is convicted of violating division (C), all of the following apply:
(1) 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 $300.
(J) In the judgment of sentence under division (A) or (C), the court may order vehicle immobilization as provided in M.C.L.A. § 257.904d.
(K) If a person is convicted of violating division (D), all of the following apply:
(1) 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 $250.
(2) If the violation occurs within seven years of one or more 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 $500.00.
(c) Imprisonment for not more than 93 days.
(L) In addition to imposing the sanctions prescribed under this section, the city make seek, and the court may order the person to pay the costs of the prosecution under the code of criminal procedure, 1927 PA 175, M.C.L.A. §§ 760.1 to 777.69.
(M) 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 unit of government as a result of the person’s activities in that service.
(N) If a person is charged with a violation of division (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 division (D) in exchange for dismissal of the original charge. This division (N) does not prohibit the court from dismissing the charge upon the prosecuting attorney’s motion.
(O) Except as otherwise provided in division (Q), 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 division (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.
(P) Except as otherwise provided in division (Q), 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 division (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 a time of the violation.
(Q) A special verdict described in divisions (O) and (P) 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 intoxicating 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 at the time of the violation.
(R) If a jury or court finds under division (O), (P), or (Q) 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 M.C.L.A. § 257.904d.
(S) The court may order as a condition of probation that a person convicted of violating division (A) or (E), shall not operate a motor vehicle unless the vehicle is equipped with an ignition interlock device approved, certified, and installed as required by law.
(T) Except as otherwise provided by law, a record described in (R)(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.
(U) In a prosecution for a violation of division (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.
(Ord. 827, passed 10-25-99; Am. Ord. 896, passed 2-9-04; Am. Ord. 972, passed 6-11-12)