Bill Text: MI HB4093 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Crimes; intoxication or impairment; alcohol content for individuals operating a vehicle under the influence of alcoholic liquor; maintain at 0.08 without reversion to 0.10. Amends secs. 625, 625a, 625g & 625m of 1949 PA 300 (MCL 257.625 et seq.). TIE BAR WITH: HB 4131'13
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2013-05-14 - Assigned Pa 23'13 With Immediate Effect [HB4093 Detail]
Download: Michigan-2013-HB4093-Engrossed.html
HB-4093, As Passed House, March 20, 2013
SUBSTITUTE FOR
HOUSE BILL NO. 4093
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 625, 625a, 625g, and 625m (MCL 257.625,
257.625a, 257.625g, and 257.625m), section 625 as amended by 2012
PA 543, sections 625a and 625g as amended by 2003 PA 61, and
section 625m as amended by 2008 PA 463.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 625. (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 state if the
person is operating while intoxicated. As used in this section,
"operating while intoxicated" means any of the following:
(a) The person is under the influence of alcoholic liquor, a
controlled substance, or other intoxicating substance or a
combination of alcoholic liquor, a controlled substance, or other
intoxicating substance.
(b) 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, 2018, 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.
(c) 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.
(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 state by
a person if any of the following apply:
(a) The person is under the influence of alcoholic liquor, a
controlled substance, other intoxicating substance, or a
combination of alcoholic liquor, a controlled substance, or other
intoxicating substance.
(b) 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, 2018, 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.
(c) The person's ability to operate the motor vehicle is
visibly impaired due to the consumption of alcoholic liquor, a
controlled substance, or other intoxicating substance, or a
combination of alcoholic liquor, a controlled substance, or other
intoxicating 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 state when, due
to the consumption of alcoholic liquor, a controlled substance, or
other intoxicating substance, or a combination of alcoholic liquor,
a controlled substance, or other intoxicating substance, the
person's ability to operate the vehicle is visibly impaired. If a
person is charged with violating subsection (1), a finding of
guilty under this subsection may be rendered.
(4) A person, whether licensed or not, who operates a motor
vehicle in violation of subsection (1), (3), or (8) and by the
operation of that motor vehicle causes the death of another person
is guilty of a crime as follows:
(a) Except as provided in subdivision (b), the person is
guilty of a felony punishable by imprisonment for not more than 15
years or a fine of not less than $2,500.00 or more than $10,000.00,
or both. The judgment of sentence may impose the sanction permitted
under section 625n. If the vehicle is not ordered forfeited under
section 625n, the court shall order vehicle immobilization under
section 904d in the judgment of sentence.
(b) If, at the time of the violation, the person is operating
a motor vehicle in a manner proscribed under section 653a and
causes the death of a police officer, firefighter, or other
emergency response personnel, the person is guilty of a felony
punishable by imprisonment for not more than 20 years or a fine of
not less than $2,500.00 or more than $10,000.00, or both. This
subdivision applies regardless of whether the person is charged
with the violation of section 653a. The judgment of sentence may
impose the sanction permitted under section 625n. If the vehicle is
not ordered forfeited under section 625n, the court shall order
vehicle immobilization under section 904d in the judgment of
sentence.
(5) A person, whether licensed or not, who operates a motor
vehicle in violation of subsection (1), (3), or (8) and by the
operation of that motor vehicle causes a serious impairment of a
body function of another person is guilty of a felony punishable by
imprisonment for not more than 5 years or a fine of not less than
$1,000.00 or more than $5,000.00, or both. The judgment of sentence
may impose the sanction permitted under section 625n. If the
vehicle is not ordered forfeited under section 625n, the court
shall order vehicle immobilization under section 904d in the
judgment of sentence.
(6) 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 subsection, "any bodily alcohol content"
means either of the following:
(a) An alcohol content of 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,
2018, the person has an alcohol content of 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.
(b) 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.
(7) A person, whether licensed or not, is subject to the
following requirements:
(a) He or she shall not operate a vehicle in violation of
subsection (1), (3), (4), (5), or (8) while another person who is
less than 16 years of age is occupying the vehicle. A person who
violates this subdivision is guilty of a crime punishable as
follows:
(i) Except as provided in subparagraph (ii), a person who
violates this subdivision is guilty of a misdemeanor and shall be
sentenced to pay a fine of not less than $200.00 or more than
$1,000.00 and to 1 or more of the following:
(A) Imprisonment for not less than 5 days or more than 1 year.
Not less than 48 hours of this imprisonment shall be served
consecutively. This term of imprisonment shall not be suspended.
(B) Community service for not less than 30 days or more than
90 days.
(ii) If the violation occurs within 7 years of a prior
conviction or after 2 or more prior convictions, regardless of the
number of years that have elapsed since any prior conviction, a
person who violates this subdivision is guilty of a felony and
shall be sentenced to pay a fine of not less than $500.00 or more
than $5,000.00 and to either of the following:
(A) Imprisonment under the jurisdiction of the department of
corrections for not less than 1 year or more than 5 years.
(B) Probation with imprisonment in the county jail for not
less than 30 days or more than 1 year and community service for not
less than 60 days or more than 180 days. Not less than 48 hours of
this imprisonment shall be served consecutively. This term of
imprisonment shall not be suspended.
(b) He or she shall not operate a vehicle in violation of
subsection (6) while another person who is less than 16 years of
age is occupying the vehicle. A person who violates this
subdivision is guilty of a misdemeanor punishable as follows:
(i) Except as provided in subparagraph (ii), a person who
violates this subdivision may be sentenced to 1 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.
(ii) If the violation occurs within 7 years of a prior
conviction or after 2 or more prior convictions, regardless of the
number of years that have elapsed since any prior conviction, a
person who violates this subdivision shall be sentenced to pay a
fine of not less than $200.00 or more than $1,000.00 and to 1 or
more of the following:
(A) Imprisonment for not less than 5 days or more than 1 year.
Not less than 48 hours of this imprisonment shall be served
consecutively. This term of imprisonment shall not be suspended.
(B) Community service for not less than 30 days or more than
90 days.
(c) In the judgment of sentence under subdivision (a)(i) or
(b)(i), the court may, unless the vehicle is ordered forfeited under
section 625n, order vehicle immobilization as provided in section
904d. In the judgment of sentence under subdivision (a)(ii) or
(b)(ii), the court shall, unless the vehicle is ordered forfeited
under section 625n, order vehicle immobilization as provided in
section 904d.
(d) This subsection does not prohibit a person from being
charged with, convicted of, or punished for a violation of
subsection (4) or (5) that is committed by the person while
violating this subsection. However, points shall not be assessed
under section 320a for both a violation of subsection (4) or (5)
and a violation of this subsection for conduct arising out of the
same transaction.
(8) 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, MCL 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, MCL 333.7214.
(9) If a person is convicted of violating subsection (1) or
(8), all of the following apply:
(a) Except as otherwise provided in subdivisions (b) and (c),
the person is guilty of a misdemeanor punishable by 1 or more of
the following:
(i) Community service for not more than 360 hours.
(ii) Imprisonment for not more than 93 days, or, if the person
is convicted of violating subsection (1)(c), imprisonment for not
more than 180 days.
(iii) A fine of not less than $100.00 or more than $500.00, or,
if the person is guilty of violating subsection (1)(c), a fine of
not less than $200.00 or more than $700.00.
(b) If the violation occurs within 7 years of a prior
conviction, the person shall be sentenced to pay a fine of not less
than $200.00 or more than $1,000.00 and 1 or more of the following:
(i) Imprisonment for not less than 5 days or more than 1 year.
Not less than 48 hours of the term of imprisonment imposed under
this subparagraph shall be served consecutively.
(ii) Community service for not less than 30 days or more than
90 days.
(c) If the violation occurs after 2 or more prior convictions,
regardless of the number of years that have elapsed since any prior
conviction, the person is guilty of a felony and shall be sentenced
to pay a fine of not less than $500.00 or more than $5,000.00 and
to either of the following:
(i) Imprisonment under the jurisdiction of the department of
corrections for not less than 1 year or more than 5 years.
(ii) Probation with imprisonment in the county jail for not
less than 30 days or more than 1 year and community service for not
less than 60 days or more than 180 days. Not less than 48 hours of
the imprisonment imposed under this subparagraph shall be served
consecutively.
(d) A term of imprisonment imposed under subdivision (b) or
(c) shall not be suspended.
(e) In the judgment of sentence under subdivision (a), the
court may order vehicle immobilization as provided in section 904d.
In the judgment of sentence under subdivision (b) or (c), the court
shall, unless the vehicle is ordered forfeited under section 625n,
order vehicle immobilization as provided in section 904d.
(f) In the judgment of sentence under subdivision (b) or (c),
the court may impose the sanction permitted under section 625n.
(10) A person who is convicted of violating subsection (2) is
guilty of a crime as follows:
(a) Except as provided in subdivisions (b) and (c), a
misdemeanor punishable by imprisonment for not more than 93 days or
a fine of not less than $100.00 or more than $500.00, or both.
(b) If the person operating the motor vehicle violated
subsection (4), a felony punishable by imprisonment for not more
than 5 years or a fine of not less than $1,500.00 or more than
$10,000.00, or both.
(c) If the person operating the motor vehicle violated
subsection (5), a felony punishable by imprisonment for not more
than 2 years or a fine of not less than $1,000.00 or more than
$5,000.00, or both.
(11) If a person is convicted of violating subsection (3), all
of the following apply:
(a) Except as otherwise provided in subdivisions (b) and (c),
the person is guilty of a misdemeanor punishable by 1 or more of
the following:
(i) Community service for not more than 360 hours.
(ii) Imprisonment for not more than 93 days.
(iii) A fine of not more than $300.00.
(b) If the violation occurs within 7 years of 1 prior
conviction, the person shall be sentenced to pay a fine of not less
than $200.00 or more than $1,000.00, and 1 or more of the
following:
(i) Imprisonment for not less than 5 days or more than 1 year.
Not less than 48 hours of the term of imprisonment imposed under
this subparagraph shall be served consecutively.
(ii) Community service for not less than 30 days or more than
90 days.
(c) If the violation occurs after 2 or more prior convictions,
regardless of the number of years that have elapsed since any prior
conviction, the person is guilty of a felony and shall be sentenced
to pay a fine of not less than $500.00 or more than $5,000.00 and
either of the following:
(i) Imprisonment under the jurisdiction of the department of
corrections for not less than 1 year or more than 5 years.
(ii) Probation with imprisonment in the county jail for not
less than 30 days or more than 1 year and community service for not
less than 60 days or more than 180 days. Not less than 48 hours of
the imprisonment imposed under this subparagraph shall be served
consecutively.
(d) A term of imprisonment imposed under subdivision (b) or
(c) shall not be suspended.
(e) In the judgment of sentence under subdivision (a), the
court may order vehicle immobilization as provided in section 904d.
In the judgment of sentence under subdivision (b) or (c), the court
shall, unless the vehicle is ordered forfeited under section 625n,
order vehicle immobilization as provided in section 904d.
(f) In the judgment of sentence under subdivision (b) or (c),
the court may impose the sanction permitted under section 625n.
(12) If a person is convicted of violating subsection (6), all
of the following apply:
(a) Except as otherwise provided in subdivision (b), the
person is guilty of a misdemeanor punishable by 1 or both of the
following:
(i) Community service for not more than 360 hours.
(ii) A fine of not more than $250.00.
(b) If the violation occurs within 7 years of 1 or more prior
convictions, the person may be sentenced to 1 or more of the
following:
(i) Community service for not more than 60 days.
(ii) A fine of not more than $500.00.
(iii) Imprisonment for not more than 93 days.
(13) 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, 1927 PA 175,
MCL 760.1 to 777.69.
(14) 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.
(15) If the prosecuting attorney intends to seek an enhanced
sentence under this section or a sanction under section 625n based
upon the defendant having 1 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, municipal court, or family division
of circuit court, a statement listing the defendant's prior
convictions.
(16) If a person is charged with a violation of subsection
(1), (3), (4), (5), (7), or (8) or section 625m, the court shall
not permit the defendant to enter a plea of guilty or nolo
contendere to a charge of violating subsection (6) 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.
(17) A prior conviction shall be established at sentencing by
1 or more of the following:
(a) A copy of a judgment of conviction.
(b) An abstract of conviction.
(c) A transcript of a prior trial or a plea-taking or
sentencing proceeding.
(d) A copy of a court register of actions.
(e) A copy of the defendant's driving record.
(f) Information contained in a presentence report.
(g) An admission by the defendant.
(18) Except as otherwise provided in subsection (20), if a
person is charged with operating a vehicle while under the
influence of a controlled substance or other intoxicating substance
or a combination of alcoholic liquor, a controlled substance, or
other intoxicating substance in violation of subsection (1) or a
local ordinance substantially corresponding to subsection (1), 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 other intoxicating substance
or a combination of alcoholic liquor, a controlled substance, or
other intoxicating substance at the time of the violation.
(19) Except as otherwise provided in subsection (20), 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 other intoxicating
substance or a combination of alcoholic liquor, a controlled
substance, or other intoxicating substance in violation of
subsection (3) or a local ordinance substantially corresponding to
subsection (3), 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, a controlled substance, or other intoxicating
substance, the person's ability to operate a motor vehicle was
visibly impaired at the time of the violation.
(20) A special verdict described in subsections (18) and (19)
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 a combination of alcoholic liquor, a
controlled substance, or other intoxicating 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
alcoholic liquor, a controlled substance, or other intoxicating
substance at the time of the violation.
(21) If a jury or court finds under subsection (18), (19), or
(20) 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, an
alcoholic liquor, or other intoxicating substance, the court shall
do both of the following:
(a) Report the finding to the secretary of state.
(b) 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.
(22) Except as otherwise provided by law, a record described
in subsection (21)(b) is a public record and the department of
state police shall retain the information contained on that record
for not less than 7 years.
(23) In a prosecution for a violation of subsection (6), 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.
(24) The court may order as a condition of probation that a
person convicted of violating subsection (1) or (8), or a local
ordinance substantially corresponding to subsection (1) or (8),
shall not operate a motor vehicle unless that vehicle is equipped
with an ignition interlock device approved, certified, and
installed as required under sections 625k and 625l.
(25) As used in this section:
(a) "Intoxicating substance" means any substance, preparation,
or a combination of substances and preparations other than alcohol
or a controlled substance, that is either of the following:
(i) Recognized as a drug in any of the following publications
or their supplements:
(A) The official United States pharmacopoeia.
(B) The official homeopathic pharmacopoeia of the United
States.
(C) The official national formulary.
(ii) A substance, other than food, taken into a person's body,
including, but not limited to, vapors or fumes, that is used in a
manner or for a purpose for which it was not intended, and that may
result in a condition of intoxication.
(b) "Prior conviction" means a conviction for any of the
following, whether under a law of this state, a local ordinance
substantially corresponding to a law of this state, a law of the
United States substantially corresponding to a law of this state,
or a law of another state substantially corresponding to a law of
this state, subject to subsection (27):
(i) Except as provided in subsection (26), a violation or
attempted violation of any of the following:
(A) This section, except a violation of subsection (2), or a
violation of any prior enactment of this section in which the
defendant operated a vehicle while under the influence of
intoxicating or alcoholic liquor or a controlled substance, or a
combination of intoxicating or alcoholic liquor and a controlled
substance, or while visibly impaired, or with an unlawful bodily
alcohol content.
(B) Section 625m.
(C) Former section 625b.
(ii) Negligent homicide, manslaughter, or murder resulting from
the operation of a vehicle or an attempt to commit any of those
crimes.
(iii) Section 601d or 626(3) or (4).
(26) Except for purposes of the enhancement described in
subsection (12)(b), only 1 violation or attempted violation of
subsection (6), a local ordinance substantially corresponding to
subsection (6), or a law of another state substantially
corresponding to subsection (6) may be used as a prior conviction.
(27) If 2 or more convictions described in subsection (25) are
convictions for violations arising out of the same transaction,
only 1 conviction shall be used to determine whether the person has
a prior conviction.
Sec. 625a. (1) A peace officer may arrest a person without a
warrant under either of the following circumstances:
(a) The peace officer has reasonable cause to believe the
person was, at the time of an accident in this state, the operator
of a vehicle involved in the accident and was operating the vehicle
in violation of section 625 or a local ordinance substantially
corresponding to section 625.
(b) The person is found in the driver's seat of a vehicle
parked or stopped on a highway or street within this state if any
part of the vehicle intrudes into the roadway and the peace officer
has reasonable cause to believe the person was operating the
vehicle in violation of section 625 or a local ordinance
substantially corresponding to section 625.
(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 state and that the person by the consumption of alcoholic
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 state while the person's blood,
breath, or urine contained any measurable amount of alcohol or
while the person had any detectable presence of alcoholic 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 state while the person had any bodily alcohol content as that
term is defined in section 625(6), 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 under this subsection:
(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
section 625c(1) or in an administrative hearing for 1 or more of
the following purposes:
(i) To assist the court or hearing officer in determining a
challenge to the validity of an arrest. This subparagraph does not
limit the introduction of other competent evidence offered to
establish the validity of an arrest.
(ii) As evidence of the defendant's breath alcohol content, if
offered by the defendant to rebut testimony elicited on cross-
examination of a defense witness that the defendant's breath
alcohol content was higher at the time of the charged offense than
when a chemical test was administered under subsection (6).
(iii) As evidence of the defendant's breath alcohol content, if
offered by the prosecution to rebut testimony elicited on cross-
examination of a prosecution witness that the defendant's breath
alcohol content was lower at the time of the charged offense than
when a chemical test was administered under subsection (6).
(c) A person who submits to a preliminary chemical breath
analysis remains subject to the requirements of sections 625c,
625d, 625e, and 625f for purposes of chemical tests described in
those sections.
(d) Except as provided in subsection (5), 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 section to
determine whether to order a person out-of-service under section
319d. A peace officer shall order out-of-service as required under
section 319d a person who was operating a commercial motor vehicle
and who refuses to submit to a preliminary chemical breath analysis
as provided in this section. This section 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.
(4) A person who was operating a commercial motor vehicle and
who is requested to submit to a preliminary chemical breath
analysis under this section shall be advised that refusing a peace
officer's request to take a test described in this section is a
misdemeanor punishable by imprisonment for not more than 93 days or
a fine of not more than $100.00, 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 93 days or a fine of
not more than $100.00, 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 and is
presumed to be the same as at the time the person operated the
vehicle.
(b) A person arrested for a crime described in section 625c(1)
shall be advised of all of the following:
(i) 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 1 of the chemical tests.
(ii) The results of the test are admissible in a judicial
proceeding as provided under this act and will be considered with
other admissible evidence in determining the defendant's innocence
or guilt.
(iii) He or she is responsible for obtaining a chemical analysis
of a test sample obtained at his or her own request.
(iv) If he or she refuses the request of a peace officer to
take a test described in subparagraph (i), a test shall not be given
without a court order, but the peace officer may seek to obtain a
court order.
(v) Refusing a peace officer's request to take a test
described in subparagraph (i) 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 6 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, 1978 PA 368, MCL
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
subsection. 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 subsection shall be
administered at the request of a peace officer having reasonable
grounds to believe the person has committed a crime described in
section 625c(1). 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 1 of the chemical tests described in this
subsection within a reasonable time after his or her detention. The
test results are admissible and shall be considered with other
admissible 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 subdivision. A
medical facility or person disclosing information in compliance
with this subsection 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 in compliance with the administrative procedures act of 1969,
1969 PA 306, MCL 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 subsection if approved under rules
promulgated by the department of state police.
(7) The provisions of subsection (6) relating to chemical
testing do not limit the introduction of any other admissible
evidence bearing upon any of the following questions:
(a) Whether the person was impaired by, or under the influence
of, alcoholic liquor, a controlled substance, or a combination of
alcoholic liquor and a controlled substance.
(b) Whether the person had 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, 2018, 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.
(c) 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 subdivision, "any bodily alcohol content" means either
of the following:
(i) An alcohol content of 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, 2018,
the person had an alcohol content of 0.02 grams or more but less
than 0.10 grams or more per 100 milliliters of blood, per 210
liters of breath, or per 67 milliliters of urine.
(ii) Any presence of alcohol within a person's body resulting
from the consumption of alcoholic liquor, other than the
consumption of alcoholic liquor as a part of a generally recognized
religious service or ceremony.
(8) If a chemical test described in subsection (6) 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 2 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) A person's refusal to submit to a chemical test as
provided in subsection (6) is admissible in a criminal prosecution
for a crime described in section 625c(1) 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.
Sec. 625g. (1) If a person refuses a chemical test offered
pursuant
to under section 625a(6), or submits to the chemical test
or
a chemical test is performed pursuant to under 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 subsection (2), immediately do all
of the following:
(i) Forward a copy of the written report of the person's
refusal to submit to a chemical test required under section 625d to
the secretary of state.
(ii) Notify the secretary of state by means of the law
enforcement information network that a temporary license or permit
was issued to the person.
(iii) Destroy the person's driver's license or permit.
(2)
If a person submits to a chemical test offered pursuant to
under section 625a(6) 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 subsection (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 subsection (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 1 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
under section 625f, 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 section, "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 67
milliliters of urine.
(c) If the person tested is not a person described in
subdivision (a) or (b), 0.08 grams or more of alcohol per 100
milliliters of blood, per 210 liters of breath, or per 67
milliliters
of urine, or, beginning October 1, 2013, 2018, 0.10
grams or more of alcohol per 100 milliliters of blood, per 210
liters of breath, or per 67 milliliters of urine.
Sec. 625m. (1) A person, whether licensed or not, who has an
alcohol content of 0.04 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, 2018, an
alcohol content of 0.04 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, shall not operate a commercial motor vehicle
within this state.
(2) A peace officer may arrest a person without a warrant
under either of the following circumstances:
(a) 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 or a local ordinance
substantially corresponding to this section.
(b) The person is found in the driver's seat of a commercial
motor vehicle parked or stopped on a highway or street within this
state if any part of the vehicle intrudes into the roadway and the
peace officer has reasonable cause to believe the person was
operating the vehicle in violation of this section or a local
ordinance substantially corresponding to this section.
(3) Except as otherwise provided in subsections (4) and (5), a
person who is convicted of a violation of this section or a local
ordinance substantially corresponding to this section is guilty of
a misdemeanor punishable by imprisonment for not more than 93 days
or a fine of not more than $300.00, or both, together with costs of
the prosecution.
(4) A person who violates this section or a local ordinance
substantially corresponding to this section within 7 years of 1
prior conviction may be sentenced to imprisonment for not more than
1 year or a fine of not more than $1,000.00, or both.
(5) A person who violates this section or a local ordinance
substantially corresponding to this section within 10 years of 2 or
more prior convictions is guilty of a felony and shall be sentenced
to pay a fine of not less than $500.00 or more than $5,000.00 and
to either of the following:
(a) Imprisonment under the jurisdiction of the department of
corrections for not less than 1 year or more than 5 years.
(b) Probation with imprisonment in the county jail for not
less than 30 days or more than 1 year and community service for not
less than 60 days or more than 180 days. Not less than 48 hours of
the imprisonment imposed under this subdivision shall be served
consecutively.
(6) A term of imprisonment imposed under subsection (4) or (5)
shall not be suspended.
(7) Subject to subsection (9), as used in this section, "prior
conviction" means a conviction for any of the following, whether
under a law of this state, a local ordinance substantially
corresponding to a law of this state, or a law of another state
substantially corresponding to a law of this state:
(a) Except as provided in subsection (8), a violation or
attempted violation of any of the following:
(i) This section.
(ii) Section 625, except a violation of section 625(2), or a
violation of any prior enactment of section 625 in which the
defendant operated a vehicle while under the influence of
intoxicating or alcoholic liquor or a controlled substance, or a
combination of intoxicating or alcoholic liquor and a controlled
substance, or while visibly impaired, or with an unlawful bodily
alcohol content.
(iii) Former section 625b.
(iv) Section 601d or section 626(3) or (4).
(b) Negligent homicide, manslaughter, or murder resulting from
the operation of a vehicle or an attempt to commit any of those
crimes.
(8) Only 1 violation or attempted violation of section 625(6),
a local ordinance substantially corresponding to section 625(6), or
a law of another state substantially corresponding to section
625(6) may be used as a prior conviction.
(9) If 2 or more convictions described in subsection (7) are
convictions for violations arising out of the same transaction,
only 1 conviction shall be used to determine whether the person has
a prior conviction.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 4131 of the 97th Legislature is enacted into
law.
