Bill Text: MI SB0919 | 2025-2026 | 103rd Legislature | Introduced
Bill Title: Traffic control: driver license; suspension of a driver license for operating a motor vehicle while under the influence of intoxicating or alcoholic liquor or a controlled substance; require. Amends secs. 319b & 319d of 1949 PA 300 (MCL 257.319b & 257.319d) & adds secs. 319h & 319i.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced) 2026-04-23 - Referred To Committee On Civil Rights, Judiciary, And Public Safety [SB0919 Detail]
Download: Michigan-2025-SB0919-Introduced.html
SENATE BILL NO. 919
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 319b and 319d (MCL 257.319b and 257.319d), section 319b as amended by 2023 PA 39 and section 319d as amended by 2011 PA 159, and by adding sections 319h and 319i.
the people of the state of michigan enact:
Sec. 319b. (1) The secretary of state shall immediately suspend or revoke, as applicable, all commercial learners permits or vehicle group designations on the operator's or chauffeur's license of an individual upon on receiving notice of a conviction, bond forfeiture, or civil infraction determination of the individual, or notice that a court or administrative tribunal has found the individual responsible , for a violation described in this subsection of a law of this state, a local ordinance substantially corresponding to a law of this state while the individual was operating a commercial motor vehicle, or a law of another state substantially corresponding to a law of this state, or notice that the individual has refused to submit to a chemical test of the individual's blood, breath, or urine for the purpose of determining the amount of alcohol or presence of a controlled substance or both in the individual's blood, breath, or urine while the individual was operating a commercial motor vehicle as required by a law or local ordinance of this or another state. The period of suspension or revocation is as follows:
(a) Suspension for 60 days, to run consecutively with any commercial driver license action imposed under this section, if the individual is convicted of or found responsible for 1 of the following while operating a commercial motor vehicle:
(i) Two serious traffic violations arising from separate incidents within 36 months.
(ii) A violation of section 667, 668, 669, or 669a.
(iii) A violation of motor carrier safety regulations 49 CFR 392.10 or 392.11, as adopted by section 1a of the motor carrier safety act of 1963, 1963 PA 181, MCL 480.11a.
(iv) A violation of section 57 of the pupil transportation act, 1990 PA 187, MCL 257.1857.
(v) A violation of motor carrier safety regulations 49 CFR 392.10 or 392.11 while operating a commercial motor vehicle other than a vehicle covered under subparagraph (iii) or (iv).
(vi) A violation of commercial motor vehicle fraudulent testing law.
(b) Suspension for 120 days, to be served consecutively with a 60-day suspension imposed under subdivision (a)(i), if the individual is convicted of or found responsible for 1 of the following arising from separate incidents within 36 months while operating a commercial motor vehicle:
(i) Three serious traffic violations.
(ii) Any combination of 2 violations described in subdivision (a)(ii).
(c) Suspension for 1 year, to run consecutively with any commercial driver license action imposed under this section, if the individual is convicted of or found responsible for 1 of the following:
(i) A violation of section 625(1), (3), (4), (5), (6), (7), or (8), section 625m, or former section 625(1) or (2), or former section 625b, while operating a commercial or noncommercial motor vehicle.
(ii) Leaving the scene of an accident involving a commercial or noncommercial motor vehicle operated by the individual.
(iii) Except for a felony described in 49 CFR 383.51(b)(9), a felony in which a commercial or noncommercial motor vehicle was used.
(iv) A refusal of a peace officer's request to submit to a chemical test of the individual's blood, breath, or urine to determine the amount of alcohol or presence of a controlled substance or both in the individual's blood, breath, or urine while the individual was operating a commercial or noncommercial motor vehicle as required by a law or local ordinance of this state or another state.
(v) Operating a commercial motor vehicle in violation of a suspension, revocation, denial, or cancellation that was imposed for previous violations committed while operating a commercial motor vehicle.
(vi) Causing a fatality through the negligent or criminal operation of a commercial motor vehicle, including, but not limited to, the crimes of motor vehicle manslaughter, motor vehicle homicide, and negligent homicide.
(vii) A violation of commercial motor vehicle fraudulent testing law.
(viii) Any combination of 3 violations described in subdivision (a)(ii) arising from separate incidents within 36 months while operating a commercial motor vehicle.
(d) Suspension for 3 years, to run consecutively with any commercial driver license action imposed under this section, if the individual is convicted of or found responsible for an offense enumerated in subdivision (c)(i) to (vi) in which a commercial motor vehicle was used if the vehicle was carrying hazardous material required to have a placard under 49 CFR parts 100 to 199.
(e) Revocation for life, to run consecutively with any commercial driver license action imposed under this section, but with eligibility for reissue of a group vehicle designation after not less than 10 years and after approval by the secretary of state, if the individual is convicted of or found responsible for 2 violations or a combination of any 2 violations arising from 2 or more separate incidents involving any of the following:
(i) Section 625(1), (3), (4), (5), (6), (7), or (8), section 625m, or former section 625(1) or (2), or former section 625b, while operating a commercial or noncommercial motor vehicle.
(ii) Leaving the scene of an accident involving a commercial or noncommercial motor vehicle operated by the licensee.
(iii) Except for a felony described in 49 CFR 383.51(b)(9), a felony in which a commercial or noncommercial motor vehicle was used.
(iv) A refusal of a request of a police officer to submit to a chemical test of the individual's blood, breath, or urine for the purpose of determining the amount of alcohol or presence of a controlled substance or both in the individual's blood while the individual was operating a commercial or noncommercial motor vehicle in this state or another state.
(v) Operating a commercial motor vehicle in violation of a suspension, revocation, denial, or cancellation that was imposed for previous violations committed while operating a commercial motor vehicle.
(vi) Causing a fatality through the negligent or criminal operation of a commercial motor vehicle, including, but not limited to, the crimes of motor vehicle manslaughter, motor vehicle homicide, and negligent homicide.
(f) Revocation for life if an individual is convicted of or found responsible for any of the following:
(i) One violation of a felony in which a commercial motor vehicle was used and that involved the manufacture, distribution, or dispensing of a controlled substance or possession with intent to manufacture, distribute, or dispense a controlled substance.
(ii) A conviction of any offense described in subdivision (c) or (d) after having been approved for the reissuance of a vehicle group designation under subdivision (e).
(iii) A conviction of a violation of chapter LXXXIII-A of the Michigan penal code, 1931 PA 328, MCL 750.543a to 750.543z.
(2) The secretary of state shall immediately deny, cancel, or revoke a hazardous material indorsement endorsement on the operator's or chauffeur's license of an individual with a vehicle group designation upon on receiving notice from a federal government agency that the individual poses a security risk warranting denial, cancellation, or revocation under the uniting and strengthening America by providing appropriate tools required to intercept and obstruct terrorism (USA PATRIOT ACT) act of 2001, Public Law 107-56. The denial, cancellation, or revocation cannot be appealed under section 322 or 323 and remains in effect until the secretary of state receives a federal government notice that the individual does not pose a security risk in the transportation of hazardous materials.
(3) The secretary of state shall immediately suspend or revoke, as applicable, all commercial learners permits or vehicle group designations on an individual's operator's or chauffeur's license upon on receiving notice of a conviction, bond forfeiture, or civil infraction determination of the individual, or notice that a court or administrative tribunal has found the individual responsible, for a violation of section 319d(4) 319d(6) or 319f, a local ordinance substantially corresponding to section 319d(4) 319d(6) or 319f, or a law or local ordinance of another state, the United States, Canada, the United Mexican States, or a local jurisdiction of either of these countries substantially corresponding to section 319d(4) 319d(6) or 319f, while operating a commercial motor vehicle. The period of suspension or revocation, that must run consecutively with any commercial driver license action imposed under this section, is as follows:
(a) Suspension for 180 days if the individual is convicted of or found responsible for a violation of section 319d(4) 319d(6) or 319f while operating a commercial motor vehicle.
(b) Suspension for 180 days if the individual is convicted of or found responsible for a violation of section 319d(4) 319d(6) or 319f while operating a commercial motor vehicle that is either carrying hazardous material required to have a placard under 49 CFR parts 100 to 199 or designed to carry 16 or more passengers, including the driver.
(c) Suspension for 2 years if the individual is convicted of or found responsible for 2 violations, in any combination, of section 319d(4) 319d(6) or 319f while operating a commercial motor vehicle arising from 2 or more separate incidents during a 10-year period.
(d) Suspension for 3 years if the individual is convicted of or found responsible for 3 or more violations, in any combination, of section 319d(4) 319d(6) or 319f while operating a commercial motor vehicle arising from 3 or more separate incidents during a 10-year period.
(e) Suspension for 3 years if the individual is convicted of or found responsible for 2 or more violations, in any combination, of section 319d(4) 319d(6) or 319f while operating a commercial motor vehicle carrying hazardous material required to have a placard under 49 CFR parts 100 to 199, or designed to carry 16 or more passengers, including the driver, arising from 2 or more separate incidents during a 10-year period.
(4) The secretary of state shall suspend or revoke, as applicable, any privilege to operate a commercial motor vehicle as directed by the federal government or its designee.
(5) For the purpose of this section only, a bond forfeiture or a determination by a court of original jurisdiction or an authorized administrative tribunal that an individual has violated the law is considered a conviction.
(6) The secretary of state shall suspend or revoke a vehicle group designation under subsection (1) or deny, cancel, or revoke a hazardous material indorsement endorsement under subsection (2) notwithstanding a suspension, restriction, revocation, or denial of an operator's or chauffeur's license or vehicle group designation under another section of this act or a court order issued under another section of this act or a local ordinance substantially corresponding to another section of this act.
(7) A conviction, bond forfeiture, or civil infraction determination, or notice that a court or administrative tribunal has found an individual responsible for a violation described in this subsection while the individual was operating a noncommercial motor vehicle counts against the individual who holds a license to operate a commercial motor vehicle the same as if the individual had been operating a commercial motor vehicle at the time of the violation. For the purpose of this subsection, a noncommercial motor vehicle does not include a recreational vehicle used off-road. This subsection applies to the following state law violations or a local ordinance substantially corresponding to any of those violations or a law of another state or out-of-state jurisdiction substantially corresponding to any of those violations:
(a) Operating a vehicle in violation of section 625.
(b) Refusing to submit to a chemical test of the individual's blood, breath, or urine for the purpose of determining the amount of alcohol or the presence of a controlled substance or both in the individual's blood, breath, or urine as required by a law or local ordinance of this or another state.
(c) Leaving the scene of an accident.
(d) Using a vehicle to commit a felony.
(8) When determining the applicability of conditions listed in this section, the secretary of state shall consider only violations that occurred after January 1, 1990.
(9) When determining the applicability of conditions listed in subsection (1)(a) or (b), the secretary of state shall count only from incident date to incident date.
(10) As used in this section:
(a) "Felony in which a commercial motor vehicle was used" means a felony during the commission of which the individual convicted operated a commercial motor vehicle and while the individual was operating the vehicle 1 or more of the following circumstances existed:
(i) The vehicle was used as an instrument of the felony.
(ii) The vehicle was used to transport a victim of the felony.
(iii) The vehicle was used to flee the scene of the felony.
(iv) The vehicle was necessary for the commission of the felony.
(b) "Serious traffic violation" means any of the following:
(i) A traffic violation that occurs in connection with an accident in which an individual died.
(ii) Reckless driving.
(iii) Excessive speeding as defined in regulations promulgated under 49 USC 31301 to 31317.
(iv) Improper lane use.
(v) Following too closely.
(vi) Operating a commercial motor vehicle without obtaining any vehicle group designation on the individual's license.
(vii) Operating a commercial motor vehicle without either having an operator's or chauffeur's license in the individual's possession or providing proof to the court, not later than the date by which the individual must appear in court or pay a fine for the violation, that the individual held a valid vehicle group designation and indorsement endorsement on the date that the citation was issued.
(viii) Operating a commercial motor vehicle while in possession of an operator's or chauffeur's license that has a vehicle group designation but does not have the appropriate vehicle group designation or indorsement endorsement required for the specific vehicle group being operated or the passengers or type of cargo being transported.
(ix) Beginning October 28, 2013, a violation of section 602b(2) or (3) or, beginning on the effective date of the amendatory act that added section 602b(8), a violation of section 602b(2).
(x) Any other serious traffic violation as defined in 49 CFR 383.5 383.51 or as prescribed under this act.
Sec. 319d. (1) A person, whether licensed or not, shall not operate a commercial motor vehicle within this state with an alcohol content of 0.015 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(2) A peace officer who has reasonable cause to believe that a person was operating a commercial motor vehicle within the state with an alcohol content of 0.015 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, as measured by a preliminary chemical breath analysis or a chemical test provided under section 625a, shall order the person out-of-service immediately for 24 hours, which shall begin upon begins on issuance of the order.
(3) A peace officer shall order a person out-of-service immediately if the peace officer has reasonable cause to believe that the person was operating a commercial motor vehicle within the state with an alcohol content of 0.015 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, as measured by a preliminary chemical breath analysis or a chemical test provided under section 625a, and the person is arrested for 1 or more of the following:
(a) A violation of section 601d or 626(3) or (4).
(b) A violation of this act that caused the death of another person.
(4) An out-of-service order under subsection (3) begins immediately on issuance of the order. Subject to sections 319h and 319i, the driver may be reinstated only by a judge at an arraignment or other appropriate hearing.
(5) (3) A peace officer shall immediately order a person who refuses to submit to a preliminary chemical breath analysis requested or a chemical test provided under section 625a out-of-service for 24 hours, which shall begin begins when the order is issued.
(6) (4) A person ordered out-of-service as described in this section shall not operate a commercial motor vehicle within this state during the 24-hour out-of-service period.
(7) (5) A peace officer who issues an out-of-service order under this section shall provide for the safe and expeditious disposition of a product carried by a commercial motor vehicle that is hazardous or would result in damage to the vehicle, human health, or the environment.
(8) (6) Failure to comply with subsection (1) is not a civil infraction or criminal violation of this act.
(9) (7) A person who violates subsection (4) (6) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.
Sec. 319h. (1) For an alleged violation under section 319d(3) or 625(4) or (5) or a local ordinance substantially corresponding to section 319d or 625(4) or (5), a person described in subsection (2) shall file an action in the court of the county where the violation occurred requesting the court enter an order suspending or restricting the respondent's operator's or chauffeur's license pending further criminal proceedings if a suspension or restriction of the respondent's operator's or chauffer's license has not been addressed through bond conditions.
(2) Any of the following persons may file an action under this section:
(a) A prosecuting attorney.
(b) A law enforcement officer
(c) A law enforcement agency.
(3) An action under this section must be commenced by filing a verified complaint and summons on forms approved by the state court administrative office. The complaint must state facts establishing probable cause to believe that all of the following occurred:
(a) The respondent operated a motor vehicle on a highway or other place open to the general public.
(b) While operating the motor vehicle, the respondent was under the influence of an intoxicating or alcoholic liquor or a controlled substance, or a combination of intoxicating or alcoholic liquor and a controlled substance.
(c) The respondent's operation of the motor vehicle caused the death of another individual or resulted in serious impairment of a body function to another individual.
(4) An action may be filed under this section regardless of whether criminal charges have been issued, are pending, or are subsequently dismissed.
(5) If the petitioner knows or reasonably believes that the respondent holds a commercial driver license or a chauffeur's license or that the respondent operates a motor vehicle as a condition of employment, the petitioner must state that information in the complaint.
(6) The complaint must include all of the following, to the extent known by the petitioner:
(a) The date and location of the incident.
(b) The investigating law enforcement agency.
(c) Whether chemical testing was administered and the results, if available.
(7) The address, telephone number, or other identifying contact information of a victim or petitioner must not be disclosed in any pleading or paper available to the public. The clerk of the court shall maintain that information as confidential and shall provide notice of hearings using the confidential information.
(8) This section may be referred to as "Lucia's law".
Sec. 319i. (1) The court shall schedule and conduct a hearing within 14 days of the incident or as soon as practicable thereafter on an action filed under section 319h. The court shall expedite and give priority to the hearing.
(2) The respondent must receive notice of the hearing and an opportunity to be heard. Notice may be served personally, electronically, or by any method reasonably calculated to provide actual notice.
(3) At the hearing, the court shall determine whether probable cause exists to believe that the respondent caused the death of or serious impairment of a body function to another individual while operating a motor vehicle while under the influence of an intoxicating or alcoholic liquor or a controlled substance, or a combination of intoxicating or alcoholic liquor and a controlled substance.
(4) If the court finds probable cause by a preponderance of the evidence, the court may issue an order that does 1 or more of the following:
(a) Suspends the respondent's operator's or chauffeur's license for a period determined appropriate by the court pending resolution of the criminal case.
(b) Restricts the respondent's driving privileges, including limitations on hours, geographic area, or purposes of travel.
(c) Requires participation in alcohol or substance abuse treatment or monitoring as a condition of restricted driving.
(d) Prohibits operation of a motor vehicle without an ignition interlock device approved, certified, and installed as required under sections 625k and 625l.
(5) An order issued under this section is civil in nature, does not constitute a criminal penalty, and does not limit the authority of the secretary of state to impose additional sanctions under this act.
(6) The court may modify or terminate an order issued under this section on motion of either party and a showing of good cause.
(7) The court may allow the hearing to be conducted using videoconferencing technology or other communication equipment as permitted by Michigan court rules and administrative orders.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
