§ 36-625. Operating while under the influence; impaired driving due to alcohol or drugs; penalties.

(a)

A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if either of the following applies:

(1)

The person is under the influence of alcoholic liquor or a controlled substance or a combination of alcoholic liquor and a controlled substance.

(2)

The person has an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath or per 67 milliliters of urine, or, beginning October 1, 2013, the person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(b)

The owner of a vehicle or a person in charge or in control of a vehicle shall not authorize or knowingly permit the vehicle to be operated upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of motor vehicles, within this state by a person who is under the influence of alcoholic liquor or a controlled substance, or a combination of alcoholic liquor and a controlled substance, or who has an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath or per 67 milliliters of urine, or, beginning October 1, 2013, the person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, or whose ability to operate the motor vehicle is visibly impaired due to the consumption of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.

(c)

A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles within this state when, due to the consumption of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance, the person's ability to operate the vehicle is visibly impaired. If a person is charged with violating subsection (a)(1) or (a)(2) of this section, a finding of guilty under this subsection may be rendered.

(d)

A person who is less than 21 years of age, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person has any bodily alcohol content. As used in this subsection, the term "any bodily alcohol content" means either of the following:

(1)

An alcohol content of not less than 0.02 grams or more than 0.08 grams per 100 milliliters of blood, per 210 liters of breath or per 67 milliliters of urine, or, beginning October 1, 2013, the person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(2)

Any presence of alcohol within a person's body resulting from the consumption of alcoholic liquor, other than consumption of alcoholic liquor as a part of a generally recognized religious service or ceremony. 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.

(e)

A person, whether licensed or not, is subject to the following requirements:

(1)

He shall not operate a vehicle in violation of subsection (a) or (c) of this section, while another person who is less than 16 years of age is occupying the vehicle. A person who violates this subsection is guilty of a misdemeanor and shall be sentenced to pay a fine of not less than $200.00 or more than $500.00 and to one or more of the following:

a.

Imprisonment for not less than five days or more than 90 days. 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.

(2)

He shall not operate a vehicle in violation of subsection (d) of this section while another person who is less than 16 years of age is occupying the vehicle. A person who violates this subsection is guilty of a misdemeanor punishable as follows:

a.

Except as provided in subsection (e)(2)b of this section, a person who violates this subsection may be sentenced to one or more of the following:

1.

Community service for not more than 60 days.

2.

A fine of not more than $500.00.

3.

Imprisonment for not more than 93 days.

b.

If the violation occurs within seven years of a prior conviction or after two or more prior convictions regardless of the number of years that have elapsed since any prior conviction, a person who violates this subsection shall be sentenced to pay a fine of not less than $200.00 or more than $500.00 and to one or more of the following:

1.

Imprisonment for not less than five days or more than 90 days. Not less than 48 hours of this imprisonment shall be served consecutively. This term of imprisonment shall not be suspended.

2.

Community service for not less than 30 days or more than 90 days.

3.

In the judgment of sentence under subsection (e)(2)b.1 or (e)(2)b.2 of this section, the court may order vehicle immobilization as provided in section 904d of the Michigan Vehicle Code (MCL 257.904(d)).

(f)

If a person is convicted of violating subsection (a) or (m) of this section, all of the following apply:

(1)

Except as otherwise provided in subsection (f)(2) of this section, the person is guilty of a misdemeanor punishable by one or more of the following:

a.

Community service for not more than 360 hours.

b.

Imprisonment for not more than 93 days.

c.

A fine of not less than $100.00 or more than $500.00.

(2)

If the violation occurs within seven years of a prior conviction, the person shall be sentenced to pay a fine of not less than $200.00 or more than $500.00 and one or more of the following:

a.

Community service for not less than 30 days or more than 90 days.

b.

Imprisonment for not less than five days or more than 90 days, and not less than 48 hours of the term of imprisonment imposed under this subsection shall be served consecutively.

(3)

A term of imprisonment imposed under subsection (f)(2)b of this section shall not be suspended.

(4)

In the judgment of sentence under subsection (f)(1) or (2) of this section, the court may order vehicle immobilization as provided in section 904d of the Michigan Vehicle Code (MCL 257.904d). In the judgment of a sentence under subsection (f)(2) of this section, the court shall, unless the vehicle is ordered forfeited under section 625n of the Michigan Vehicle Code (MCL 257.625n), order vehicle immobilization as provided in section 904d of the Michigan Vehicle Code.

(g)

A person who is convicted of violating subsection (b) of this section is guilty of 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.

(h)

If a person is convicted of violating subsection (c) of this section, all of the following apply:

(1)

Except as otherwise provided in subsection (h)(2) of this section, the person is guilty of a misdemeanor punishable by one or more of the following:

a.

Community service for not more than 360 hours.

b.

Imprisonment for not more than 93 days.

c.

A fine of not more than $300.00.

(2)

If the violation occurs within seven years of one prior conviction, the person shall be sentenced to pay a fine of not less than $200.00 or more than $500.00 and one or more of the following:

a.

Community service for not less than 30 days or more than 90 days.

b.

Imprisonment for not less than five days or more than 90 days. Not less than 48 hours of the term of imprisonment imposed under this subsection shall be served consecutively.

(3)

A term of imprisonment imposed under subsection (h)(2) of this section shall not be suspended.

(4)

In the judgment of sentence under subsection (h)(1) or (2) of this section, the court may order vehicle immobilization as provided in section 904d of the Michigan Vehicle Code (MCL 257.904d). In the judgment of a sentence under subsection (h)(2) of this section, the court shall, unless the vehicle is ordered forfeited under section 625n of the Michigan Vehicle Code (MCL 257.625n), order vehicle immobilization as provided in section 904d of the Michigan Vehicle Code.

(i)

If a person is convicted of violating subsection (d) of this section, the following shall apply:

(1)

Except as otherwise provided in subsection (i)(2) of this section, the person is guilty of a misdemeanor punishable by one or both of the following:

a.

Community service for not more than 360 hours.

b.

A fine of not more than $250.00.

(2)

If the violation occurs within seven years of one or more prior convictions, the person may be sentenced to one or more of the following:

a.

Community service for not more than 60 days.

b.

A fine of not more than $500.00.

c.

Imprisonment for not more than 93 days.

(j)

Subject to subsection (l) of this section, as used in this section, the term "prior conviction" means a conviction for any of the following, whether under an ordinance violation of this article, 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:

(1)

Except as provided in subsection (k) of this section, a violation or attempted violation of section 625(1), (3), (4), (5), (6), or (7), section 625m, former section 625(b)(1) or (2), or former section 625b of the Michigan Vehicle Code (MCL 257.625(1), (3), (4), (5), (6) or (7); MCL 257.625m; MCL 257.625b) or subsection (a), (c), (d) or (e) of this section.

(2)

Negligent homicide, manslaughter, or murder resulting from the operation of a vehicle or an attempt to commit any of those crimes.

(k)

Except for purposes of enforcement described in subsection (i)(2) of this section, only one violation or attempted violation of section 625(6) of the Michigan Vehicle Code (MCL 257.625(6)), subsection (d) of this section, a local ordinance substantially corresponding to section 625(6) of the Michigan Vehicle Code or subsection (d) of this section, or the law of another state substantially corresponding to section 625(6) of the Michigan Vehicle Code or subsection (d) of this section may be used as a prior conviction.

(l)

If two or more convictions described in subsection (j) of this section are convictions for violations arising out of the same transaction, only one conviction shall be used to determine whether the person has a prior conviction.

(m)

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 body any amount of a controlled substance listed in schedule 1 under section 7212 of the public health code, Public Act No. 368 of 1978 (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, MCL 333.7214(a)(iv).

(n)

The court may order as a condition of probation that a person convicted of violating subsection (a) or (m) of this section 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 of the Michigan Vehicle Code (MCL 257.625k, 257.625l).

(Code 1988, § 10.625; Ord. No. 434, § 1, 8-15-2000; Ord. No. 480, § 1, 8-19-2003; Amd. of 6-11-2008, § 10.625)