OPERATING UNDER THE INFLUENCE

Part 32

32.000 UNIFORM TRAFFIC CODE AMENDMENT: OPERATING UNDER THE INFLUENCE*

Ord. No. 78

Adopted: June 14, 1996

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*Cross reference(s)--Uniform Traffic Code adoption, Pt. 30.

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An ordinance to amend the City of Reading Compilation of Ordinances, Ordinance Number 51, Part 32;

THE CITY OF READING ORDAINS:

9. Section 5.15 of the Uniform Traffic Code be amended to provide as follows:

32.515 [Operating under the influence of intoxicating liquor or a controlled substance.]

(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 either of the following applies:

(a) The person is under the influence of intoxicating liquor or a controlled substance, or a combination of intoxicating liquor and a controlled substance.

(b) 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) 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 intoxicating liquor or a controlled substance, or a combination of intoxicating liquor and a controlled substance, or who has a blood alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(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 an intoxicating liquor, a controlled substance, or a combination of an intoxicating liquor and a controlled 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 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 not less than 0.02 grams or more than 0.07 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 intoxicating liquor, other than consumption of intoxicating liquor as a part of a generally recognized religious service or ceremony.

(5) If a person is convicted of violating subsection (1), the following shall apply:

(a) Except as otherwise provided in subdivision (b), the person is guilty of a misdemeanor, punishable by one or more of the following:

(i) Community service for not more than 45 days.

(ii) Imprisonment for not more than 90 days.

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

(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 either of the following:

(i) Community service for not less than 10 days or more than 90 days and may be imprisoned for not more than 1 year.

(ii) Imprisonment for not less than 48 consecutive hours or more than 1 year, and may be sentenced to community service for not more than 90 days.

(d) A person sentenced to perform service to the community under this subsection shall not receive compensation, and shall reimburse the appropriate local unit of government for the cost of supervision incurred by the local unit of government as a result of the person's activities in that service.

(e) As used in this subsection, "prior conviction" means a conviction for a violation of section 5.15(1) or former section 5.15(1) or (2), or a conviction of section 625(1), (4) or (5) or former section 625.(1) or (2) of Act No. 300 of the Public Acts of 1949, as amended, being section 257.625(1), (4) or (5) or former 257.625(1) or (2) of the Michigan Compiled Laws, or law of another state substantially corresponding to section 625(1), (4) or (5) or former section 625(1) or (2) of Act No. 300 of the Public Acts of 1949, as amended, being section 257.625(1), (4) or (5) or former section 257.625(1) or (2) of the Michigan Compiled Laws.

(6) The court shall impose license sanctions pursuant to section 5.15.b.

(7) A person who is convicted of violating subsection (2) is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not less than $100.00 or more than $500.00, or both.

(8) If a person is convicted of violating subsection (3), the following shall 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 45 days.

(ii) Imprisonment for not more than 90 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 either of the following:

(i) Community service for not less than 10 days or more than 90 days and may be sentenced to imprisonment for not more than 1 year.

(ii) Imprisonment for not more than 1 year and may be sentenced to community service for not more than 90 days.

(c) If the violation occurs within 10 years of 2 or more prior convictions, the person shall be sentenced to pay a fine of not less than $200.00 or more than $1,000.00, and either of the following:

(i) Community service for not less than 10 days or more than 90 days and may be sentenced to imprisonment for not more than 1 year.

(ii) Imprisonment for not more than 1 year and may be sentenced to community service for not more than 90 days.

(d) As used in subdivisions (b) and (c), "prior conviction" means a conviction for a violation of section 5.15(1) or (3), or former section 5.15(1) or (2), or former section 5.15b, or a conviction of section 625(1), (3), (4), or (5) or former sections 625(1), (2) or 625b of Act No. 300 of the Public Acts of 1949, as amended, being section 257.625(1), (3), (4), or (5) or former sections 257.625(1), (2), or 257.625b of the Michigan Compiled Laws, or law of another state substantially corresponding to section 625.(1), (3), (4), or (5) or former sections 625(1), (2) or 625b of Act No. 300 of the Public Acts of 1949, as amended, being section 257.625(1), (3), (4), or (5) or former sections 257.625(1), (2), or 257.625b of the Michigan Compiled Laws.

(e) In addition to imposing the sanctions prescribed in subdivision (a), (b), or (c), the court may, pursuant to the code of criminal procedure, Act No. 175 of the Public Acts of 1927, order the person to pay the costs of the prosecution.

(f) The court shall order the Secretary of State to impose license sanctions pursuant to section 5.15b.

(g) A person sentenced to perform service to the community under this subsection shall not receive compensation, and shall reimburse the appropriate local unit of government for the cost of supervision incurred by the local unit of government as a result of the person's activities in that service.

(9) If a person is convicted of violating subsection (4), the following shall apply:

(a) Except as otherwise provided in subdivision (b), the person is guilty of a misdemeanor punishable by one or both of the following:

(i) Community service for not more than 45 days.

(ii) A fine of not more than $250.00.

(b) If the violation occurs within 7 years of one or more prior convictions, the person may be sentenced to one or both of the following:

(i) Community service for not more than 60 days.

(ii) A fine of not more than $500.00.

(d) A person sentenced to perform service to the community under this subsection shall not receive compensation, and shall reimburse the City of Reading for the cost of supervision incurred by the City as a result of the person's activities in that service.

(e) As used in this subsection, "prior conviction", means a conviction for a violation of section 5.15(1), (3), (4), or former sections 5.15(1) or (2), or former section 5.15b or a conviction of a violation of 625(1), (3), (4), (5), or (6), former section 625(1) or (2), or former section 625b, or a law of another state substantially corresponding to section 625(1), (3), (4), (5), or (6), former section 625(1) or (2) or former section 625b.

(10) In addition to imposing the sanctions prescribed under subsection (5), (6), (7), (8) or (9), the court may, pursuant to the code of criminal procedure, Act No. 175 of the Public Acts of 1927, being sections 760.1 to 776.21 of the Michigan Compiled Laws, order the person to pay the costs of prosecution.

(11) If the prosecuting attorney intends to seek an enhanced sentence under subsection (4)(b), (8)(b) or (c) or (9)(b) based upon the defendant having one or more prior convictions, the prosecuting attorney shall include on the complaint and information filed in district court, circuit court, recorder's court, municipal court or probate court a statement listing the defendant's prior convictions.

(12) If a person is charged with a violation of subsection (1) or (3), the court shall not permit the defendant to enter a plea of guilty or nolo contendere to a charge of violating subsection (4) in exchange for dismissal of the original charge. This subsection does not prohibit the court from dismissing the charge upon the motion of the prosecuting attorney.

(13) A prior conviction shall be established at sentencing by one or more of the following:

(a) All abstract of conviction.

(b) A copy of the defendant's driving record.

(14) A person who is convicted of an attempted violation of subsection (1), (3) or (4) shall be punished as if the offense had been completed.

(15) When taking licensing action under this ordinance, the court shall treat a conviction of an attempted violation of subsection (1), (3) or (4) the same as if the offense had been completed.

(16) In a prosecution for a violation of subsection (4), the defendant shall bear the burden of proving that the consumption of intoxicating liquor was a part of a generally recognized religious service or ceremony by a preponderance of the evidence.

10. Section 5.15(1) of the Uniform Traffic Code can be amended to provide as follows:

32.515(1) [32.515(a) Motor vehicles: driving under influence of intoxicating liquor; test, evidence.]

(1) A peace officer, without a warrant, may arrest a person when the peace officer has reasonable cause to believe that the person was, at the time of an accident, the operator of a vehicle involved in the accident in this state while in violation of section 5.15(1), (3) or (4).

(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 general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, in this City, and that the person by the consumption of intoxicating liquor may have affected his or her ability to operate a vehicle, 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 the City, while the person had any bodily alcohol content as that term is defined in section 5.15(4), may require the person to submit to a preliminary chemical breath analysis. The following provisions shall apply with respect to a preliminary chemical breath analysis:

(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 5.15(1) or (3) in an administrative hearing to assist the court or hearing officer in determining a challenge to the validity of an arrest or as evidence of the defendant's breath alcohol content, if offered by the defendent, or as evidence of the defendant's breath alcohol content, if offered by the prosecution to rebut testimony elicited on 4E of a prosecution witness, that is offered or elicited to prove that the defendant's breath alcohol content was lower at the time of the charged offense than when a chemical test was administered pursuant to subsection (3). This subdivision does not limit the introduction of other competent evidence offered to establish the validity of an arrest.

(c) A person who submits to a preliminary chemical breath analysis shall remain subject to the requirements of sections 5.15c, 5.15d and 5.15e for the purposes of chemical tests described in those sections.

(d) 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) 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.

(b) A person arrested for a crime described in section 5.15(1) or (3) shall be advised of all the following:

(i) That 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 one of the chemical tests, that the results of the test are admissible in a judicial proceeding as provided under Act No. 300 of the Public Acts of 1949, as amended, and shall be considered with other competent evidence in determining the innocence or guilt of the defendant, and that he or she is responsible for obtaining a chemical analysis of a test sample obtained pursuant to his or her own request.

(ii) That 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 such a court order.

(iii) That his or her refusal of the request of a peace officer to take a test described in subparagraph (i) shall result in the suspension of his or her operator's or chauffeur's license 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 or collected in a reasonable manner. Only a licensed physician, or a licensed nurse or medical technician under the direction of a licensed physician and qualified to withdraw blood and acting in a medical environment, at the request of a peace officer, 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 shall not attach to a qualified person who withdraws or analyzes blood or assists in the withdrawal or analysis in accordance with Act No. 300 of the Public Acts of 1949, as amended, 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 5.15. A person who takes a chemical test administered at the request of a peace officer, as provided in this section, shall be given a reasonable opportunity to have a person of his or her own choosing administer one of the chemical tests described in this subsection within a reasonable time after his or her detention, and the results of the test shall be admissible and shall be considered with other competent evidence in determining the innocence or guilt of the defendant. If the person charged is administered a chemical test by a person of his or her own choosing, the person charged shall be 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 the purpose of medical treatment, the results of a chemical analysis of that sample shall be 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 shall not be 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 for the purpose of determining 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.

(4) The provisions of subsection (3) relating to chemical testing do not limit the introduction of any other competent evidence bearing upon the question of whether or not a person was impaired by, or under the influence of, intoxication liquor or a controlled substance, or a combination of intoxicating liquor and a controlled substance, or whether 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, or 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 section, any "bodily alcohol content" means either of the following: (a) an alcohol content of not less than 0.02 grams or more than 0.07 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 time consumption of intoxicating liquor, other than consumption of intoxicating liquor as a part of a generally recognized religious service or ceremony.

(5) If a chemical test described in subsection (3) 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 prosecutor shall offer the test results as evidence in that trial. Failure to fully comply with the request shall bar the admission of the results into evidence by the prosecution.

(6) Except in a prosecution relating solely to a violation of section 5.15(1)(b), the amount of alcohol in the driver's blood, breath or urine at the time alleged as shown by chemical analysis of the person's blood, breath or urine shall give rise to the following presumptions:

(a) If there were at the time 0.07 grams or less of alcohol per 100 milliliters of defendant's blood, per 210 liters of the defendant's breath or per 67 milliliters of the defendant's urine, it is presumed that the defendant's ability to operate a motor vehicle was not impaired due to the consumption of intoxicating liquor, and that the defendant was not under the influence of intoxicating liquor.

(b) If there were at the time more than 0.07 grams but less than 0.10 grams of alcohol per 100 milliliters of in the defendant's blood, per 210 liters of the defendant's breath, or per 67 milliliters of the defendant's urine, it shall be presumed that the defendant's ability to operate a vehicle was impaired with the provisions of section 5.15(3) due to the consumption of intoxicating liquor.

(c) If there were at the time 0.10 grams or more of alcohol per 100 milliliters of the defendant's blood, per 210 liters of the defendant's breath, or per 67 milliliters of the defendant's urine, it is presumed that the defendant was under the influence of intoxicating liquor.

(7) A person's refusal to submit to a chemical test as provided in subsection (3) shall be admissible in a criminal prosecution for a crime described in section 5.15 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.

11. Section 5.15b of the Uniform Traffic Code be amended to provide as follows:

32.515b [Impaired driving.]

(1) A person arrested for a misdemeanor violation of section 5.15(1), (3) or (4) shall be arraigned on the citation, complaint, or warrant not more than 14 days after the arrest for the violation or, if an arrest warrant is issued or reissued, not more than 14 days after the issued or reissued arrest warrant is served, whichever is later. The court shall not dismiss a case or impose any other sanction for a failure to comply with this time limit.

(2) The court shall schedule a pretrial conference between the prosecuting attorney, the defendant, and the defendant's attorney in each case in which the defendant is charged with a misdemeanor violation of section 5.15(1), (3) or (4). The pretrial conference shall be held not more than 35 days after the person's arrest for the violation or, if an arrest warrant is, issued or reissued, not more than 35 days after the issued or reissued arrest warrant is served, whichever is later. If the court has only one judge who sits in more than one location in that district, pretrial conference shall be held not more than 42 days after the person's arrest for the violation or, if an arrest warrant is issued or reissued, not more than 42 days after the date of the issued or reissued arrest warrant is served, whichever is later. The court shall not dismiss a case or impose any other sanction for a failure to comply with the applicable time limit. The court shall order the defendant to attend the pretrial conference and may accept a plea by the defendant at the conclusion of the pretrial conference. The court may adjourn the pretrial conference upon the motion of a party for good cause shown. Not more than one adjournment shall be granted to a party, and the length of an adjournment shall not exceed 14 days.

(3) Except for delay attributable to the unavailability of the defendant, a witness, or material evidence, or due to all interlocutory appeal or exceptional circumstances, but not a delay caused by docket congestion, the court shall finally adjudicate, by a plea of guilty or nolo contendere, entry of a verdict, or other final disposition, a case in which the defendant is charged with a misdemeanor violation of section 5.15(1), (3) or (4) within 77 days after the person is arrested for the violation or, if an arrest warrant is issued or reissued, not more than 77 days after the date the issued or reissued arrest warrant is served, whichever is later. The court shall not dismiss a case or impose any other sanction for a failure to comply with this time limit.

(4) Before accepting a plea of guilty or nolo contendere under section 5.15, the court shall advise the accused of the maximum possible term of imprisonment and the maximum possible fine that may be imposed for the violation, and shall advise the defendant that the maximum possible license sanctions that may be imposed will be based upon the master driving record maintained by the Secretary of State pursuant to section 204a of Act No. 300 of the Public Acts of 1949, as amended, being section 257.204a of the Michigan Compiled Laws.

(5) Before imposing sentence, other than court-ordered license sanctions, for a violation of section 5.15(1), (3) or (4), the court shall order the person to undergo screening and assessment by a person or agency designated by the office of substance abuse services, to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs. As part of the sentence, the court may order the person to participate in and successfully complete 1 or more appropriate rehabilitative programs. The person shall pay for the costs of the screening, assessment, and rehabilitative services.

(6) Immediately upon acceptance by the court of a plea of guilty or nolo contendere or upon entry of a verdict of guilty for a violation of section 5.15(1), (3) or (4), whether or not the person is eligible to be sentenced as a multiple offender, the court shall consider all prior convictions currently entered upon the person's Michigan driving record, except convictions the court determines upon the defendant s motion to be constitutionally invalid, and shall impose the following licensing sanctions:

(a) For a conviction under section 5.15(1)

(i) If the court finds that the person has no prior convictions within 7 years for a violation of section 5.15(1) or (3), or former section 5.15(1) or (2), or, former section 5.15b, or a conviction of section 625(1), (3), (4), or (5) or former sections 625(1), (2) or 625b of Act No. 300 of the Public Acts of 1949, as amended, being section 257.625(1), (3), (4), or (5) or former sections 257.625(1), (2), or 257.625b of the Michigan Compiled Laws, or law of another state substantially corresponding to section 625(1), (3), (4) or (5) or former sections 625(1), 2 or 625b of Act No. 300 of the Public Acts of 1949, as amended, being section 257.625(1), (3), (4) or (5) or former section 257.625(1), (2) or 257.625b of the Michigan Compiled Laws, the court shall order the Secretary of State to suspend the person's operator's, chauffeur's license for a period of not less than 6 months or more than 2 years. The court may order the Secretary of State to issue to the person a restricted, license during all or a specified portion of the period of suspension, except that a restricted license shall not be issued during the first 30 days of the period of the suspension.

(ii) If the court finds that the person has one prior conviction within 7 years for a violation of section 5.15(3) or former section 5.15b, or a conviction of section 625(3) or former section 625b of Act No. 300 of the Public Acts of 1949, as amended, being section 257.625(3) or former section 257.625b of the Michigan Compiled Laws or law of another state substantially corresponding to section 625(3) or former section 625b of Act No. 300 of the Public Acts of 1949, as amended, being section 257.625(3) or former section 257.625b of the Michigan Compiled Laws, the court shall order the Secretary of State to suspend the person's operator's or chauffeur's license for not less than 6 months or more than 2 years. The court may order the Secretary of State to issue to the person a restricted license during all or any portion of the period of suspension, except that a restricted license shall not be issued during the first 60 days of the period of suspension.

(iii) If the court finds that the person has one or more prior convictions within 7 years for a violation of section 5.15(1), or former section 5.15(1) or (2), or a conviction of section 625(1), (4) or (5) or former section 625(1) or (2) of Act No. 300 of the Public Acts of 1949, as amended, being section 257.625(1), (4), or (5) or former section 257.625(1) or (2) of the Michigan Compiled Laws, or law of another state substantially corresponding to section 625(1), (4), or (5) or former section 625(1) or (2) of Act No. 300 of the Public Acts of 1949, as amended being section 257.625(1), (3), (4), or (5) or former sections 257.625(1), (2), or 257.625b of the Michigan Compiled Laws, the court shall order the Secretary of State to revoke the person's operator's or chauffeur's license and shall not order the Secretary of State to issue a restricted license to the person.

(b) For a conviction under section 5.15(3):

(i) If the court finds that the person has no prior conviction within 7 years for a violation of section 5.15(1) or (3), or former section 5.15(1) or (2), or former section 5.15b, or a conviction of section 625(1), (3), (4), or (5) or former sections 625(1), (2) or 625b of Act No. 300 of the Public Acts of 1949, as amended, being section 257.625(1), (3), (4), or (5) or former sections 257.625(1), (3), (4), or (5) or former section 257.625(1), (2), or 257.625b of the Michigan Compiled Laws or law of another state substantially corresponding to section 625(1), (3), (4), or (5) or former sections 625(1), (2) or 625b of Act No. 300 of the Public Acts of 1949, as amended, being section 257.625(1), (3), (4), or (5) or former sections 257.625(1), (2), or 257.625b of the Michigan Compiled Laws, the court shall order the Secretary of State to suspend the person's operator's or chauffeur's license for not less than 90 days or more than one year. The court may order the Secretary of State to issue to the person a restricted license during all or a specified portion of the period of suspension.

(ii) If the court finds that the person has one, prior conviction within 7 years for a violation of section 5.15(1) or (3), or former section 5.15(1) or (2), or former section 5.15b, or a conviction of section 625(1), (3), (4), or (5) or former section 625(1), (2) or 625b of Act No. 300 of the Public Acts of 1949, as amended, being section, 257.625(1), (3), (4), or (5) or former sections 257.625(1), (2), or 257.625b of the Michigan Compiled Laws, or law of another state substantially corresponding to section 625(1), (3), (4), or (5) or former sections 625(1), (2) or 257.625b of Act No. 300 of the Public Acts of 1949, as amended, being section 257.625(1), (3), (4), or (5) or former sections 257.625(1), (2), or 257.625b of the Michigan Compiled Laws, the court shall order the Secretary of State to suspend the person's operators or chauffeur's license for not less than 6 months or more than 2 years. The court may order the Secretary of State to issue to the person a restricted license during all, or any portion of the suspension, except that a restricted license shall not be issued during the first 60 days of the period of suspension.

(iii) If the court finds that the person has 2 or more prior convictions within 10 years for a violation of section 5.15(1) or (3), or former section 5.15(1) or (2), or former section 5.15b, or a conviction of section 625(1), (3), (4), or (5) or former sections 625(1), (2), or 625b of Act No. 300 of the Public Acts of 1949, as amended, being section 257.625(1), (3), (4), or (5) or former section 257.625(1), (2), or 257.625b of the Michigan Compiled Laws or law of another state substantially corresponding to section 625(1), (3), (4), or (5) or former sections 625(1), (2) or 625b of Act No. 300 of the Public Acts of 1949, as amended, being section 257.625(1), (3), (4), or (5) or former sections 257.625(1), (2), or 257.625b of the Michigan Compiled Laws, the court shall order the Secretary of State to revoke the person's operator's or chauffeur's license and shall not order the Secretary of State to issue a restricted license to the person.

(i) If the court finds that the convicted person has no prior convictions within 7 years for a violation of section 5.15(1), (3) or (4) or a conviction of section 625(1), (3), (4), (5) or (6), former section 625(1) or (2), or former section 625b, or a law of another state substantially corresponding to section 625(1), (3), (4), (5), or (6), former section 625(1) or (2), or former section 625b, the court shall order the Secretary of State to suspend the operator's or chauffeur's license of the person for not less than 30 days or more than 90 days. The court may order the Secretary of State to issue to the person a restricted license during all or a specified portion of the suspension.

(ii) If the court finds that the person has one or more convictions within 7 years for a violation of section 625(1), (3), (4), (5) or (6), former section 625(1) or (2) or former section 625b or a law of another state substantially corresponding to section 625(1), (3), (4), (5) or (6), former section 625(1) or (2), or former section 625b, the court shall order the Secretary of State to suspend the operator's or chauffeur's license of the person for a period of not less than 90 days or more than one year. The court may order the Secretary of State to issue to the person a restricted license during all or any portion of the suspension, except that a restricted license shall not be issued during the first 90 days of the period of suspension.

(7) A restricted license issued pursuant to an order under subsection (6) shall permit the person to drive under 1 or more of the following circumstances:

(a) To and from the person's residence and work location.

(b) In the course of the person's employment or occupation.

(d) To and from the person's residence and the court probation department, or a court-ordered community service program, or both.

(e) To and from the person's residence and an educational institution at which the person is enrolled as a student.

(f) To and from the person's residence or work location and a place of regularly occurring medical treatment for a serious condition of the person or a member of the person's household or immediate family.

(8) The court may order that the restricted license issued pursuant to subsection (6) include the requirement that the person shall not operate a motor vehicle unless the vehicle is equipped with a functioning ignition interlock device. The device shall be set to render the motor vehicle inoperable if the device detects an alcohol content of 0.02 grams or more per 210 milliliters of breath of the person who offers a breath sample. The court may order installation of an ignition interlock device on any motor vehicle that the person owns or operates, the costs of which the person whose license is restricted shall bear.

(9) The court shall not order the Secretary of State under subsection (6) to issue a restricted license that would permit a person to operate a truck or truck tractor, including a trailer, that hauls hazardous materials.

(10) The court shall not order the Secretary of State to issue a restricted license unless the person states under oath, and the court finds pursuant to testimony taken in open court or pursuant to statements contained in a sworn affidavit on a form prescribed by the state court administrator, that the person is unable to take public transportation to and from his or her work location, place of alcohol or drug education treatment, court-ordered community service program, or educational institution, or a place of regularly occurring medical treatment for a serious condition, and does not have any family members or other individuals able to provide transportation.

(11) The court order issued under subsection (6) and the restricted license shall indicate the permitted destination of the person, the approved route or routes if specified by the court, and permitted times of travel.

(12) In addition to any other suspension or revocation ordered under this section and as part of the sentence imposed upon a person who violates section 625(1), (3), (4), or (5) or a local ordinance substantially corresponding to Section 625(1) or (3) while operating a commercial motor vehicle, the court shall order the Secretary of State to suspend the vehicle group designations on the person's operator's or chauffeur's license in accordance with section 319(12)(c). If the vehicle was transporting hazardous material required to have a placard pursuant to 49 C.F.R. parts 100 to 199, the court shall order the Secretary of State to suspend the vehicle group designations on the person's operator's or chauffeur's license in accordance with section 319(1)(d). The court shall not order the Secretary of State to issue a restricted license that would permit the person to operate a commercial motor vehicle.

(13) As used in this section, "work location" means, as applicable, the specific place or places of employment, or the territory or territories regularly visited by the person in pursuance of the person's occupation, or both.

(14) Immediately upon acceptance by the court of a plea of guilty or nolo contendere or upon entry of a verdict of guilty for a violation of section 5.15(1), (3), or (4), the person shall surrender to the court his or her operator's or chauffeur's license or permit. The court shall immediately destroy the license or permit and forward an abstract of conviction with court-ordered license sanctions to the Secretary of State. Upon receipt of, and pursuant to, the abstract of conviction with the court ordered license sanctions, the Secretary of State shall suspend or revoke the person's license and, if ordered by the court and the person is otherwise eligible for a license, issue to the person a restricted license stating the limited driving privileges indicated on the abstract. If the judgment and sentence is appealed to circuit court, the court may, ex parte, order the Secretary of State to stay the suspension, revocation, or restricted license issued pursuant to this section pending the outcome of the appeal.

12. Section 5.15c of the Uniform Traffic Code be amended to provide as follows:

32.515c [Implied consent; blood sample from killed

driver.]

(1) A person who operates a vehicle upon a public 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 is considered to have given consent to chemical tests of his or her blood, breath, or urine for the purpose of determining the amount of alcohol or presence of a controlled substance or both in his or her blood or urine or the amount of alcohol in his or her breath in all of the following circumstances if the person is arrested for a violation of Section 625(1), (3), (4), (5), or (6), Section 625a(5), or Section 625m, or a local ordinance substantially corresponding to Section 625(1), (3) or (6), Section 625a(5), or Section 625m of Act No. 300 of P.A. 1949 as amended.

(2) A person who is afflicted with hemophilia, diabetes, or a condition requiring the use of an anticoagulant under the direction of a physician is not considered to have given consent to the withdrawal of blood.

(3) The tests shall be administered as provided in section 5.15a(3).

13. Section 5.15d of the Uniform Traffic Code be amended to provide as follows:

32.515d [Right to refuse chemical test.]

(1) If a person refuses the request of a peace officer to submit to a chemical test offered pursuant to section 5.15a(3), a test shall not be given without a court order, but the office may seek to obtain the court order.

(2) A written report shall immediately be forwarded to the Secretary of State by the peace officer. The report shall state that the officer had reasonable grounds to believe that the person had committed a crime described in section 5.15, and that the person had refused to submit to the test upon the request of the peace officer and had been advised of the consequences of the refusal. The form of the report shall be prescribed and furnished by the Secretary of State.

14. Section 5.15e of the Uniform Traffic Code be amended to provide as follows:

32.515e [Mail Notice.]

(1) If a person refuses to submit to a chemical test pursuant to section 5.15d, the peace officer shall immediately notify the person in writing that within 14 days of the date of the notice the person may request a hearing as provided in section 625f of Act No. 300 of the Public Acts of 1949, as amended, being section 257.625f of the Michigan Compiled Laws. The form of the notice shall be prescribed and furnished by the Secretary of State.

(2) The notice shall specifically, state that failure to request a hearing within 14 days will result in the suspension of the person's license or permit to drive. The notice shall also state that there is not a requirement that the person retain counsel for the hearing, though counsel would be permitted to represent the person at the hearing.

15. Section 5.15f of the Uniform Traffic Code as amended to provide as follows.

32.515f [Suspend or revoke; hearing.]

(1) If a person refuses a chemical test offered pursuant to section 5.15a(3), or submits to the chemical test or a chemical test is performed pursuant to 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 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 section 5.15a(3) 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 Michigan Compiled Laws 9.2325(6)(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 pleads guilty or nolo contendere to or is found guilty of or acquitted of those charges, or the person's license or permit is suspended pursuant to Michigan Compiled Laws 9.2325(6)(625f), whichever occurs earlier.

(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 with in 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 (a0 [(a)] or (b), 0.10 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

This amendatory ordinance shall take effect on June 1, 1996, after publication pursuant to Charter.