March 15, 2016, Introduced by Reps. Kesto, Lucido, Tedder, Runestad, Sheppard, Bumstead and Callton and referred to the Committee on Judiciary.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 304, 319, 625e, and 625f (MCL 257.304,
257.319, 257.625e, and 257.625f), section 304 as amended by 2013 PA
226, section 319 as amended by 2015 PA 11, section 625e as amended
by 1991 PA 104, and section 625f as amended by 2003 PA 61.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 304. (1) Except as provided in subsection (3), the
secretary of state shall issue a restricted license to a person
whose license was suspended or restricted under section 319 or
revoked or denied under section 303 based on either of the
following:
(a) Two or more convictions for violating section 625(1) or
(3) or a local ordinance of this state substantially corresponding
to section 625(1) or (3).
(b) One conviction for violating section 625(1) or (3) or a
local ordinance of this state substantially corresponding to
section 625(1) or (3), preceded by 1 or more convictions for
violating a local ordinance or law of another state substantially
corresponding to section 625(1), (3), or (6), or a law of the
United States substantially corresponding to section 625(1), (3),
or (6).
(2) A restricted license issued under subsection (1) shall not
be issued until after the person's operator's or chauffeur's
license
has been suspended or revoked for 45 days and the judge
assigned to a DWI/sobriety court certifies to the secretary of
state
that both all of the following conditions have been met, if
applicable:
(a) The person has been admitted into a DWI/sobriety court
program.
(b) An ignition interlock device approved, certified, and
installed as required under sections 625k and 625l has been
installed
on each motor vehicle owned or operated , or both, by the
individual.person and the person has proof of the
installation and
maintenance of the ignition interlock device on any vehicles he or
she operates.
(c) Any additional restrictions specified by the court on the
person's driving privilege including, but not limited to, the
conditions listed under subsection (4) the court finds necessary to
enhance public safety.
(3) A restricted license shall not be issued under subsection
(1) if the person is otherwise ineligible for an operator's or
chauffeur's license under this act, unless the person's
ineligibility is based on 1 or more of the following:
(a) Section 303(1)(i) or (l).
(b) Section 303(2)(c)(i) or (iii).
(c) Section 303(2)(g)(i) or (iii).
(d) Section 319(4), (5), (6), (7), (8)(a) to (e), or (9).
(e) Section 319e(2)(a) or (b).
(f) Section 320(1)(d).
(g) Section 321a(1), (2), or (3).
(h) Section 323c.
(i) Section 625f.
(j) Section 732a(5).
(k) Section 904(10).
(l) Section 82105a(2) of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.82105a.
(m) Section 3177 of the insurance code of 1956, 1956 PA 218,
MCL 500.3177.
(n) Section 10 of the motor vehicle claims act, 1965 PA 198,
MCL 257.1110.
(4) A restricted license issued under subsection (1) permits
the person to whom it is issued to operate only the vehicle
equipped with an ignition interlock device described in subsection
(2)(b), to take any driving skills test required by the secretary
of state, and, if required by the court under subsection (2)(c), to
only drive to and from any combination of the following locations
or events:
(a) In the course of the person's employment or occupation if
the employment or occupation does not require a commercial driver
license.
(b) To and from any combination of the following:
(i) The person's residence.
(ii) The person's work location.
(iii) An alcohol, drug, or mental health education and
treatment as ordered by the court.
(iv) Alcoholics anonymous, narcotics anonymous, Anonymous,
Narcotics Anonymous, or other court-ordered self-help programs.
(v) Court hearings and probation appointments.
(vi) Court-ordered community service.
(vii) An educational institution at which the person is
enrolled as a student.
(viii) A place of regularly occurring medical treatment for a
serious condition or medical emergency for the person or a member
of the person's household or immediate family.
(ix) Alcohol or drug testing as ordered by the court.
(x) Ignition interlock service provider as required.
(5) While driving with a restricted license, the person shall
carry proof of his or her destination and the hours of any
employment, class, or other reason for traveling and shall display
that proof upon a peace officer's request.
(6) Except as otherwise provided in this section, a restricted
license issued under subsection (1) is effective until a hearing
officer
orders an unrestricted license under section 322. The
Subject to subsection (8), the hearing officer shall not order an
unrestricted license until the later of the following events
occurs:
(a) The court notifies the secretary of state that the person
has successfully completed the DWI/sobriety court program.
(b) The minimum period of license sanction that would have
been imposed under section 303 or 319 but for this section has been
completed.
(c) The person demonstrates that he or she has operated with
an ignition interlock device for not less than 1 year.
(d) The person satisfies the requirements of section 303 and R
257.313 of the Michigan administrative code.
(7) In determining whether to order an unrestricted license
under subsection (6), the successful completion of the DWI/sobriety
court program and a certificate from the DWI/sobriety court judge
shall be considered positive evidence of the petitioner's
abstinence while the petitioner participated in the DWI/sobriety
court program. As used in this subsection, "certificate" includes,
but is not limited to, a statement that the participant has
maintained a period of abstinence from alcohol for not less than 6
months at the time the participant completed the DWI/sobriety court
program.
(8) A hearing officer shall not issue an unrestricted license
to a person who has not participated in a DWI/sobriety court
program or to a person who has participated in a DWI/sobriety court
program who does not provide the certificate described in
subsection (7) from the DWI/sobriety court judge stating that he or
she successfully completed the DWI/sobriety court program for 1
year if either of the following applies:
(a) The hearing officer determines that an ignition interlock
device installed in the person's vehicle recorded 1 or more breath
alcohol tests with results above the level of 0.025 grams per 210
liters of breath during the period that his or her license was
restricted under this section, unless a second test, taken within 5
minutes after the administering of the first test, recorded a
breath test result below the level of 0.025 grams per 210 liters of
breath.
(b) The hearing officer determines that the person consumed or
otherwise used any controlled substance during the period that his
or her license was restricted under this section, except as
lawfully prescribed.
(9) (8)
If the secretary of state receives
a notification from
the DWI/sobriety court under section 1084(6) of the revised
judicature act of 1961, 1961 PA 236, MCL 600.1084, the secretary of
state shall summarily impose 1 of the following license sanctions,
as applicable:
(a) Suspension for the full length of time provided under
section 319(8). However, a restricted license shall not be issued
as provided under section 319(8). This subdivision applies if the
underlying conviction or convictions would have subjected the
person to a license sanction under section 319(8) if this section
did not apply.
(b) A license revocation and denial for the full length of
time provided under section 303. The minimum period of license
revocation and denial imposed shall be the same as if this section
did not apply. This subdivision applies if the underlying
conviction or convictions would have caused a license revocation
and denial under section 303 if this section did not apply.
(10) (9)
After the person completes the
DWI/sobriety court
program, the following apply:
(a) The secretary of state shall postpone considering the
issuance of an unrestricted license under section 322 for a period
of 3 months for each act that would be a minor violation if the
person's license had been issued under section 322(6). As used in
this subdivision, "minor violation" means that term as defined in R
257.301a of the Michigan administrative code.
(b) The restricted license issued under this section shall be
suspended or revoked or denied as provided in subsection (8),
unless set aside under subsection (6), if any of the following
events occur:
(i) The person operates a motor vehicle without an ignition
interlock device that meets the criteria under subsection (2)(b).
(ii) The person removes, or causes to be removed, an ignition
interlock device from a vehicle he or she owns or operates unless
the secretary of state has authorized its removal under section
322a.
(iii) The person commits any other act that would be a major
violation if the person's license had been issued under section
322(6). As used in this subparagraph, "major violation" means that
term as defined in R 257.301a of the Michigan administrative code.
(iv) The person is arrested for a violation of any of the
following:
(A) Section 625.
(B) A local ordinance of this state or another state
substantially corresponding to section 625.
(C) A law of the United States substantially corresponding to
section 625.
(c) If the person is convicted of or found responsible for any
offense that requires the suspension, revocation, denial, or
cancellation of the person's operator's or chauffeur's license, the
restricted license issued under this section shall be suspended
until the requisite period of license suspension, revocation,
denial, or cancellation, as appropriate, has elapsed.
(d) If the person has failed to pay any court-ordered fines or
costs that resulted from the operation of a vehicle, the restricted
license issued under this section shall be suspended pending
payment of those fines and costs.
(11) (10)
All driver responsibility fees
required to be
assessed by the secretary of state under section 732a for the
conviction or convictions that led to the restricted license under
this section shall be held in abeyance as follows:
(a) The fees shall be held in abeyance during the time the
person has a restricted license under this section and is
participating in the DWI/sobriety court program.
(b) At the end of the person's participation in the
DWI/sobriety court program, the driver responsibility fees, if
applicable, shall be assessed and paid under the payment schedule
described in section 732a.
(12) (11)
The vehicle of an individual
admitted to the
DWI/sobriety court program whose vehicle would otherwise be subject
to immobilization or forfeiture under this act is exempt from both
immobilization and forfeiture under sections 625n and 904d if both
of the following apply:
(a) The person is a DWI/sobriety court program participant in
good standing or the person successfully satisfactorily completes
the DWI/sobriety court program.
(b) The person does not subsequently violate a law of this
state for which vehicle immobilization or forfeiture is a sanction.
(13) (12)
This section only applies to
individuals arrested
for a violation of section 625 on or after January 1, 2011.
(14) (13)
As used in this section:
(a) "DWI/sobriety court" means that term as defined in section
1084 of the revised judicature act of 1961, 1961 PA 236, MCL
600.1084.
(b) "DWI/sobriety court program" means "pilot project" or
"program" as those terms are defined in section 1084 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.1084.
Sec. 319. (1) The secretary of state shall immediately suspend
a person's license as provided in this section upon receiving a
record of the person's conviction for a crime described in this
section, whether the conviction is under a law of this state, a
local ordinance substantially corresponding to a law of this state,
a law of another state substantially corresponding to a law of this
state,
or , beginning October 31, 2010, a law of the United States
substantially corresponding to a law of this state.
(2) The secretary of state shall suspend the person's license
for 1 year for any of the following crimes:
(a) Fraudulently altering or forging documents pertaining to
motor vehicles in violation of section 257.
(b) A violation of section 413 of the Michigan penal code,
1931 PA 328, MCL 750.413.
(c) A violation of section 1 of former 1931 PA 214, MCL
752.191, or former section 626c.
(d) A felony in which a motor vehicle was used. As used in
this section, "felony in which a motor vehicle was used" means a
felony during the commission of which the person convicted operated
a motor vehicle and while operating the vehicle presented real or
potential harm to persons or property and 1 or more of the
following circumstances existed:
(i) The vehicle was used as an instrument of the felony.
(ii) The vehicle was used to transport a victim of the felony.
(iii) The vehicle was used to flee the scene of the felony.
(iv) The vehicle was necessary for the commission of the
felony.
(e) A violation of section 602a(2) or (3) of this act or
section 479a(2) or (3) of the Michigan penal code, 1931 PA 328, MCL
750.479a.
(f)
Beginning October 31, 2010, a A
violation of section 601d.
(3) The secretary of state shall suspend the person's license
for 90 days for any of the following crimes:
(a) Failing to stop and disclose identity at the scene of an
accident resulting in injury in violation of section 617a.
(b) A violation of section 601b(2), section 601c(1), section
653a(3),
section 626 before October 31, 2010, or, beginning October
31,
2010, or section 626(2).
(c) Malicious destruction resulting from the operation of a
vehicle under section 382(1)(b), (c), or (d) of the Michigan penal
code, 1931 PA 328, MCL 750.382.
(d) A violation of section 703(2) of the Michigan liquor
control code of 1998, 1998 PA 58, MCL 436.1703.
(4) The secretary of state shall suspend the person's license
for 30 days for malicious destruction resulting from the operation
of a vehicle under section 382(1)(a) of the Michigan penal code,
1931 PA 328, MCL 750.382.
(5) For perjury or making a false certification to the
secretary of state under any law requiring the registration of a
motor vehicle or regulating the operation of a vehicle on a
highway, or for conduct prohibited under section 324(1) or a local
ordinance substantially corresponding to section 324(1), the
secretary shall suspend the person's license as follows:
(a) If the person has no prior conviction for an offense
described in this subsection within 7 years, for 90 days.
(b) If the person has 1 or more prior convictions for an
offense described in this subsection within 7 years, for 1 year.
(6) For a violation of section 414 of the Michigan penal code,
1931 PA 328, MCL 750.414, the secretary of state shall suspend the
person's license as follows:
(a) If the person has no prior conviction for that offense
within 7 years, for 90 days.
(b) If the person has 1 or more prior convictions for that
offense within 7 years, for 1 year.
(7) For a violation of section 624a or 624b of this act or
section 703(1) of the Michigan liquor control code of 1998, 1998 PA
58, MCL 436.1703, the secretary of state shall suspend the person's
license as follows:
(a) If the person has 1 prior conviction for an offense
described in this subsection or section 33b(1) of former 1933 (Ex
Sess) PA 8, for 90 days. The secretary of state may issue the
person a restricted license after the first 30 days of suspension.
(b) If the person has 2 or more prior convictions for an
offense described in this subsection or section 33b(1) of former
1933 (Ex Sess) PA 8, for 1 year. The secretary of state may issue
the person a restricted license after the first 60 days of
suspension.
(8) The secretary of state shall suspend the person's license
for a violation of section 625 or 625m as follows:
(a)
For 180 days for a violation of section 625(1) or (8)
before
October 31, 2010 or, beginning October 31, 2010, section
625(1)(a) or (b) or (8) if the person has no prior convictions
within 7 years. The secretary of state may issue the person a
restricted
license during a specified portion under subdivision (h)
upon
or after the effective date of the suspension,
except that the
secretary
of state shall not issue a restricted license during the
first
30 days of suspension.for the
duration of the suspension.
(b) For 90 days for a violation of section 625(3) if the
person has no prior convictions within 7 years. However, if the
person is convicted of a violation of section 625(3), for operating
a vehicle when, due to the consumption of a controlled substance or
a combination of alcoholic liquor and a controlled substance, the
person's ability to operate the vehicle was visibly impaired, the
secretary of state shall suspend the person's license under this
subdivision for 180 days. The secretary of state may issue the
person a restricted license under subdivision (h) during all or a
specified portion of the suspension.
(c)
For 30 90 days for a violation of section 625(6) if the
person has no prior convictions within 7 years. The secretary of
state may issue the person a restricted license under subdivision
(h) during all or a specified portion of the suspension.
(d)
For 90 180 days for a violation of section 625(6) if the
person has 1 or more prior convictions for that offense within 7
years. The secretary of state may issue the person a restricted
license under subdivision (h) during all or a specified portion of
the suspension.
(e) For 180 days for a violation of section 625(7) if the
person has no prior convictions within 7 years. The secretary of
state
may issue the person a restricted license after the first 90
days
of suspension.under
subdivision (h) during all or a specified
portion of the suspension.
(f) For 90 days for a violation of section 625m if the person
has no prior convictions within 7 years. The secretary of state may
issue the person a restricted license under subdivision (h) during
all or a specified portion of the suspension.
(g)
Beginning October 31, 2010, for For
1 year for a violation
of section 625(1)(c) if the person has no prior convictions within
7 years or not more than 2 convictions within 10 years. The
secretary
of state may issue the person a restricted license ,
except
that the secretary of state shall not issue a restricted
license
during the first 45 days of suspension.under subdivision
(h) during all or a specified portion of the suspension.
(h)
Beginning October 31, 2010, the The
department shall order
a
person convicted of violating section 625(1)(c) 625(1), (3), or
(8) not to operate a motor vehicle under a restricted license
issued
under subdivision (g) this
subdivision unless the vehicle is
equipped with an ignition interlock device approved, certified, and
installed as required under sections 625k and 625l. The ignition
interlock
device may shall not be removed after until the
interlock
device provider provides the department with verification that the
person has operated the vehicle with no instances of reaching or
exceeding a blood alcohol level of 0.025 grams per 210 liters of
breath. This subdivision does not prohibit the removal of the
ignition interlock device for any of the following:
(i) A start-up test failure that occurs within the first 2
months after installation of the device. As used in this
subdivision, "start-up test failure" means that the ignition
interlock device has prevented the motor vehicle from being
started. Multiple unsuccessful attempts at 1 time to start the
vehicle shall be treated as 1 start-up test failure only under this
subparagraph.
(ii) A start-up test failure occurring more than 2 months
after installation of the device, if not more than 15 minutes after
detecting the start-up test failure the person delivers a breath
sample that the ignition interlock device analyzes as having an
alcohol level of less than 0.025 grams per 210 liters of breath.
(iii) A retest prompted by the device, if not more than 5
minutes after detecting the retest failure the person delivers a
breath sample that the ignition interlock device analyzes as having
an alcohol level of less than 0.025 grams per 210 liters of breath.
(i)
Beginning October 31, 2010, if If
an individual violates
the
conditions of the restricted license issued under subdivision
(g)
subdivisions (a) through (g) or operates or attempts to operate
a
motor vehicle with a blood alcohol level of 0.025 grams per 210
liters
of breath, and if an ignition
interlock device installed as
a condition of the issuance of a restricted license under
subdivisions (a) through (g) recorded 1 or more instances of the
test failures described in subdivision (h), the secretary of state
shall impose an additional like period of suspension and
restriction
as prescribed under subdivision (g). subdivisions (a)
through (g) This subdivision does not require an additional like
period of suspension and restriction for any of the following:
(i) A start-up test failure within the first 2 months after
installation of the ignition interlock device. As used in this
subdivision, "start-up test failure" means that the ignition
interlock device has prevented the motor vehicle from being
started. Multiple unsuccessful attempts at 1 time to start the
vehicle shall be treated as 1 start-up test failure only under this
subparagraph.
(ii) A start-up test failure occurring more than 2 months
after installation of the device, if not more than 15 minutes after
detecting the start-up test failure the person delivers a breath
sample that the ignition interlock device analyzes as having an
alcohol level of less than 0.025 grams per 210 liters of breath.
(iii) Any retest prompted by the device, if not more than 5
minutes after detecting the retest failure the person delivers a
breath sample that the ignition interlock device analyzes as having
an alcohol level of less than 0.025 grams per 210 liters of breath.
(9) For a violation of section 367c of the Michigan penal
code, 1931 PA 328, MCL 750.367c, the secretary of state shall
suspend the person's license as follows:
(a) If the person has no prior conviction for an offense
described in this subsection within 7 years, for 6 months.
(b) If the person has 1 or more convictions for an offense
described in this subsection within 7 years, for 1 year.
(10) For a violation of section 315(4), the secretary of state
may suspend the person's license for 6 months.
(11) For a violation or attempted violation of section 411a(2)
of the Michigan penal code, 1931 PA 328, MCL 750.411a, involving a
school, the secretary of state shall suspend the license of a
person 14 years of age or over but less than 21 years of age until
3 years after the date of the conviction or juvenile disposition
for the violation. The secretary of state may issue the person a
restricted license after the first 365 days of suspension.
(12) For a second or subsequent violation of section 701(1) of
the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1701,
by an individual who is not a retail licensee or a retail
licensee's clerk, agent, or employee, the secretary of state shall
suspend the person's license for 180 days. The secretary of state
may issue a person a restricted license during all or a specified
portion of the suspension.
(13) Except as provided in subsection (15), a suspension under
this section shall be imposed notwithstanding a court order unless
the court order complies with section 323.
(14) If the secretary of state receives records of more than 1
conviction of a person resulting from the same incident, a
suspension shall be imposed only for the violation to which the
longest period of suspension applies under this section.
(15) The secretary of state may waive a restriction,
suspension, or revocation of a person's license imposed under this
act if the person submits proof that a court in another state
revoked, suspended, or restricted his or her license for a period
equal to or greater than the period of a restriction, suspension,
or revocation prescribed under this act for the violation and that
the revocation, suspension, or restriction was served for the
violation, or may grant a restricted license.
(16) The secretary of state shall not issue a restricted
license to a person whose license is suspended under this section
unless a restricted license is authorized under this section and
the person is otherwise eligible for a license.
(17) The secretary of state shall not issue a restricted
license to a person under subsection (8) that would permit the
person to operate a commercial motor vehicle.
(18) Except as provided in subsection (17), a restricted
license issued under this section shall permit the person to whom
it is issued to take any driving skills test required by the
secretary
of state and to operate a vehicle under 1 or more of the
following
circumstances:in accordance
with any of the following
restrictions that may be imposed by the sentencing court:
(a) In the course of the person's employment or occupation.
(b) To and from any combination of the following:
(i) The person's residence.
(ii) The person's work location.
(iii) An alcohol or drug education or treatment program as
ordered by the court.
(iv) The court probation department.
(v) A court-ordered community service program.
(vi) An educational institution at which the person is
enrolled as a student.
(vii) A place of regularly occurring medical treatment for a
serious condition for the person or a member of the person's
household or immediate family.
(viii) An ignition interlock service provider as required.
(19) While driving with a restricted license issued under
subsection
(8), the person shall is not required to carry proof of
his or her destination and the hours of any employment, class, or
other
reason for traveling and unless
ordered to do so by the
sentencing court. If the person was ordered by the sentencing court
to carry proof of his or her destination and the hours of any
employment, class, or other reason for traveling, he or she shall
display that proof upon a peace officer's request.
(20) Subject to subsection (22), as used in subsection (8),
"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 (21), a violation or
attempted violation of any of the following:
(i) 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.
(ii) Section 625m.
(iii) Former section 625b.
(b) Negligent homicide, manslaughter, or murder resulting from
the operation of a vehicle or an attempt to commit any of those
crimes.
(c)
Beginning October 31, 2010, a A
violation of section 601d
or section 626(3) or (4).
(21) Except for purposes of the suspensions described in
subsection (8)(c) and (d), 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.
(22) If 2 or more convictions described in subsection (20) 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. 625e. (1) If a person refuses to submit to a chemical
test
pursuant to under section 625d, 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. The form of the notice shall be prescribed and
furnished by the secretary of state.
(2) The notice required under subsection (1) 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.
(3) The notice required under subsection (1) shall
specifically state that if the person applies within 14 days of the
date of the notice for a restricted license requiring that he or
she only operate a vehicle properly equipped with an ignition
interlock device under sections 625k and 625l and the secretary of
state issues the person a restricted license requiring that he or
she only operate a vehicle properly equipped with an ignition
interlock device under sections 625k and 625l, then the person
waives his or her right to a hearing under this section.
Sec. 625f. (1) If a person who refuses to submit to a chemical
test
pursuant to under section 625d does not request a hearing
within
14 days after the date of notice pursuant to under section
625e, the secretary of state shall impose the following license
sanctions:
(a) If the person was operating a vehicle other than a
commercial motor vehicle, suspend or deny the person's operator's
or chauffeur's license or permit to drive, or nonresident operating
privilege, for 1 year or, for a second or subsequent refusal within
7 years, for 2 years. If the person is a resident without a license
or permit to operate a vehicle in the state, the secretary of state
shall not issue the person a license or permit for 1 year or, for a
second or subsequent refusal within 7 years, for 2 years.
(b) If the person was operating a commercial motor vehicle,
for the first refusal, suspend all vehicle group designations on
the person's operator's or chauffeur's license or permit or
nonresident privilege to operate a commercial motor vehicle or, if
the person is a resident without a license or permit to operate a
commercial motor vehicle in the state, not issue the person an
operator's or chauffeur's license with vehicle group designations,
for 1 year.
(c) If the person was operating a commercial motor vehicle,
for a second or subsequent refusal that occurred in a separate
incident from and within 10 years of a prior refusal, revoke all
vehicle group designations on the person's operator's or
chauffeur's license or permit or nonresident privilege to operate a
commercial motor vehicle or, if the person is a resident without a
license or permit to operate a commercial motor vehicle in the
state, not issue the person an operator's or chauffeur's license
with vehicle group designations, for not less than 10 years and
until the person is approved for the issuance of a vehicle group
designation.
(d) If the person was operating a commercial motor vehicle and
was arrested for an offense enumerated in section 625c other than a
violation of section 625a(5) or 625m, impose the license sanction
described in subdivision (a) and the license sanction described in
subdivision (b) or (c), as applicable.
(2) If the person applies for a restricted license requiring
that he or she only operate a vehicle properly equipped with an
ignition interlock device under sections 625k and 625l within 14
days after the date of notice under section 625e, the person waives
his or her right to a hearing under section 625e if the person is
otherwise eligible and the secretary of state issues the person a
restricted license requiring that he or she only operate a vehicle
properly equipped with an ignition interlock device under sections
625k and 625l upon receiving proof that a functioning ignition
interlock device has been installed and will be maintained on 1 or
more noncommercial vehicles the person will operate during the
period of suspension.
(3) A person who is issued a restricted license under
subsection (2) during any period of suspension required under
section 625e shall receive day-for-day credit toward any mandatory
period of ignition interlock use imposed as a result of the same
incident for any period the person held a restricted license under
this section.
(4) (2)
If a hearing is requested, the
secretary of state
shall hold the hearing in the same manner and under the same
conditions as provided in section 322. Not less than 5 days' notice
of the hearing shall be mailed to the person requesting the
hearing, to the peace officer who filed the report under section
625d, and if the prosecuting attorney requests receipt of the
notice, to the prosecuting attorney of the county where the arrest
was made. The hearing officer may administer oaths, issue subpoenas
for the attendance of necessary witnesses, and grant a reasonable
request for an adjournment. Not more than 1 adjournment shall be
granted to a party and the length of an adjournment shall not
exceed 14 days. A hearing under this subsection shall be scheduled
to be held within 45 days after the date of arrest for the
violation. The hearing officer shall not impose any sanction for a
failure to comply with these time limits.
(5) (3)
Except for delay attributable to
the unavailability of
the defendant, a witness, or material evidence, or due to an
interlocutory appeal or exceptional circumstances, but not a delay
caused by docket congestion, a hearing shall be finally adjudicated
within 77 days after the date of arrest. The hearing officer shall
not impose any sanction for a failure to comply with this time
limit.
(6) (4)
The hearing shall cover only the
following issues:
(a) Whether the peace officer had reasonable grounds to
believe that the person had committed a crime described in section
625c(1).
(b) Whether the person was placed under arrest for a crime
described in section 625c(1).
(c) If the person refused to submit to the test upon the
request of the officer, whether the refusal was reasonable.
(d) Whether the person was advised of the rights under section
625a(6).
(7) (5)
A person shall not order a hearing
officer to make a
particular
finding on any issue enumerated in subsection (4)(a) to
(d).(6)(a) to (d).
(8) (6)
The hearing officer shall make a
record of a hearing
held
pursuant to under this section. The record shall be prepared
and transcribed in accordance with section 86 of the administrative
procedures act of 1969, 1969 PA 306, MCL 24.286. Upon notification
of
the filing of a petition for judicial review pursuant to under
section 323 and not less than 10 days before the matter is set for
review, the hearing officer shall transmit to the court in which
the petition was filed the original or a certified copy of the
official record of the proceedings. Proceedings at which evidence
was presented need not be transcribed and transmitted if the sole
reason for review is to determine whether the court will order the
issuance of a restricted license. The parties to the proceedings
for judicial review may stipulate that the record be shortened. A
party unreasonably refusing to stipulate to a shortened record may
be taxed by the court in which the petition is filed for the
additional costs. The court may permit subsequent corrections to
the record.
(9) (7)
If the person who requested a
hearing does not
prevail, the secretary of state shall impose the following license
sanctions after the hearing:
(a) If the person was operating a vehicle other than a
commercial motor vehicle, suspend or deny issuance of a license or
driving permit or a nonresident operating privilege of the person
for 1 year or, for a second or subsequent refusal within 7 years,
for 2 years. If the person is a resident without a license or
permit to operate a vehicle in the state, the secretary of state
shall not issue the person a license or permit for 1 year or, for a
second or subsequent refusal within 7 years, for 2 years. The
person may file a petition in the circuit court of the county in
which the arrest was made to review the suspension or denial as
provided in section 323.
(b) If the person was operating a commercial motor vehicle,
impose the sanction prescribed under subsection (1)(b) or (1)(c),
as applicable. The person may file a petition in the circuit court
of the county in which the arrest was made to review the suspension
or denial as provided in section 323.
(c) If the person was operating a commercial motor vehicle and
was arrested for an offense enumerated in section 625c other than a
violation of section 625a(5) or 625m, impose the license sanctions
described in subdivisions (a) and (b).
(10) (8)
If the person who requested the
hearing prevails, the
peace officer who filed the report under section 625d may, with the
consent of the prosecuting attorney, file a petition in the circuit
court of the county in which the arrest was made to review the
determination of the hearing officer as provided in section 323.
(11) (9)
When it has been finally determined
that a
nonresident's privilege to operate a vehicle in the state has been
suspended or denied, the department shall give notice in writing of
the action taken to the motor vehicle administrator of the state of
the person's residence and of each state in which he or she has a
license to operate a motor vehicle.