BillCam

HOUSE BILL No. 4548

April 27, 2017, Introduced by Reps. Green, Hertel, Chirkun, Kesto, Liberati, Pagan, Yanez, Hughes, Brann, Geiss, Dianda, Peterson, Lasinski, Elder, Lucido, Faris, Marino, Sowerby, Yaroch and Lilly and referred to the Committee on Law and Justice.

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 2014

PA 219, section 625a as amended by 2015 PA 11, section 625g as

amended by 2014 PA 315, and section 625m as amended by 2013 PA 23.

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, 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.

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, 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.

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 subdivisions (b) and (c), 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 the violation occurs while 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, and within 7

years of a prior conviction, 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. 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.

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 crime as follows:

(a) Except as provided in subdivision (b), the 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.

(b) If the violation occurs while 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, and within 7

years of a prior conviction, the person is guilty of a felony

punishable by imprisonment for not more than 10 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, 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.

(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.

(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.

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

(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.

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.

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

(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.

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.

(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.

(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, a controlled substance, or other intoxicating substance or

a combination of them 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, a controlled substance, or any other intoxicating

substance or while the person had any detectable presence of

alcoholic liquor, a controlled substance or any other intoxicating

substance, or any combination of them, 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).

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 under 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 a preliminary chemical breath analysis:

(a) The amount of alcohol or presence of a controlled

substance or other intoxicating substance 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.

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 other intoxicating substance 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 other intoxicating substance

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

other intoxicating substance, or any combination of them, 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 other intoxicating

substance, or a combination of alcoholic liquor, a controlled

substance, or other intoxicating 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, 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.

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, 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.

(10) As used in this section:

(a) "Controlled substance" means that term as defined in

section 7104 of the public health code, 1978 PA 368, MCL 333.7104.

(b) "Intoxicating substance" means that term as defined in

section 625.

Sec. 625g. (1) If a person refuses a chemical test offered

under section 625a(6), the peace officer who requested the person

to submit to the chemical test shall comply with subdivisions (a)

and (b). If a person submits to the chemical test or a chemical

test is performed under a court order and the test reveals an

unlawful alcohol content, or the presence of a controlled substance

or other intoxicating substance, or any combination of them, the

peace officer who requested the person to submit to the test shall

do all of the following, other than subdivision (b)(i):

(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 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) and (b)(ii) and

indicate in the notice under subsection (1)(b)(ii) that a

subsequent chemical test is pending. If the report reveals an

unlawful alcohol content, or the presence of a controlled substance

or other intoxicating substance, or any combination of them, the

peace officer who requested the person to submit to the test shall

immediately comply with subsection (1)(b)(iii). If the report does

not reveal an unlawful alcohol content, or the presence of a

controlled substance or other intoxicating substance, or any

combination of them, 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 provided 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 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:

(a) "Controlled substance" means that term as defined in

section 7104 of the public health code, 1978 PA 368, MCL 333.7104.

(b) "Intoxicating substance" means that term as defined in

section 625.

applicable:

(i) 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.

(ii) 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.

(iii) If the person tested is not a person described in

subparagraph (i) or (ii), 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, 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, 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 takes effect 90 days

after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect

unless Senate Bill No.____ or House Bill No. 4547 (request no.

00507'17 a) of the 99th Legislature is enacted into law.