(a) A person, whether licensed or not, who has an alcohol content of 0.04 grams or more, but not more than 0.07 grams per 100 milliliters of blood, per 210 liters of breath, or per sixty-seven milliliters of urine, shall not operate a commercial motor vehicle within this State.
(b) 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 section.
(c) A person who is convicted of a violation of this section is guilty of a misdemeanor punishable by imprisonment for not more than ninety days or a fine of not more than five hundred dollars ($500.00), 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 Motor Vehicle 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 said 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.
(d) A person who violates this section within ten years of a prior conviction may be sentenced to imprisonment for not more than ninety days or a fine of not more than five hundred dollars ($500.00), 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 Motor Vehicle 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 subsection, "prior conviction" means a conviction for a violation of this section, Section 625(1), (3), (4), or (5), former Section 625(1) or (2), or former Section 625b of said Code, a local ordinance substantially corresponding to this section, Section 625(1) or (3), former Section 625(1) or (2), or former Section 625b of said Code, or a law of another state substantially corresponding to this section, Section 625(1), (3), (4), or (5), former Section 625(1) or (2), or former Section 625b of said Code, while operating a commercial motor vehicle.
(e) When assessing points and taking license actions under the Act, the Secretary of State and the court shall treat a conviction for an attempted violation of subsection (a) hereof, a local ordinance substantially corresponding to subsection (a) hereof, or a law of another state substantially corresponding to subsection (a) hereof, the same as if the offense had been completed.
(Ord. 97-10. Passed 11-5-97.)