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  1. #1

    Default Michigan Drunk Driving Law in Illinois

    I am an attorney in Illinois, and have a client charged with an enhanced DUI in Illinois. The basis for the enhanced charge are Michigan charges, which include Driving While Impaired by Liquor in 1997. I looked at the Michigan Statute, which appears to indicate that this is not equivalent to an Illinois DUI which is punishable by 365 in jail. The Michigan charge is only punishable by 90 days. What is the difference of the charges? Would the Michigan DWI be equivalent to an Illinois DUI?

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default Michigan's old drunk driving statute

    You are quite probably correct, that Michigan's DUI charge, MCL 257.625(1)(a), as it then existed, is more than a bit different than that of Illinois. In some states, this does mean that it cannot be used for habitualization purposes as it differs too much from the state's own laws. The penalties are outlined in subsection 7 of this older version of the statute:
    Quote Quoting MCL 257.625
    (1) A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if either of the following applies:

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

    (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, whether licensed or not, who operates a motor vehicle in violation of subsection (1) or (3) and by the operation of that motor vehicle causes the death of another person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not less than $ 2,500.00 or more than $ 10,000.00, or both. The judgment of sentence may impose the sanction permitted under section 625n.

    (5) A person, whether licensed or not, who operates a motor vehicle in violation of subsection (1) or (3) and by the operation of that motor vehicle causes a serious impairment of a body function of another person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not less than $ 1,000.00 or more than $ 5,000.00, or both. The judgment of sentence may impose the sanction permitted under section 625n. As used in this subsection, "serious impairment of a body function" includes, but is not limited to, 1 or more of the following:

    (a) Loss of a limb or use of a limb.

    (b) Loss of a hand, foot, finger, or thumb or use of a hand, foot, finger, or thumb.

    (c) Loss of an eye or ear or use of an eye or ear.

    (d) Loss or substantial impairment of a bodily function.

    (e) Serious visible disfigurement.

    (f) A comatose state that lasts for more than 3 days.

    (g) Measurable brain damage or mental impairment.

    (h) A skull fracture or other serious bone fracture.

    (i) Subdural hemorrhage or subdural hematoma.

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

    (a) An alcohol content of 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.

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

    (a) Except as otherwise provided in subdivisions (b) and (d), 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 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.

    (c) A term of imprisonment imposed under subdivision (b)(ii) shall not be suspended.

    (d) If the violation occurs within 10 years of 2 or more prior convictions, the person is guilty of a felony and shall be sentenced to pay a fine of not less than $ 500.00 or more than $ 5,000.00 and to either of the following:

    (i) Imprisonment under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years.

    (ii) Probation with imprisonment in the county jail for not less than 30 days or more than 1 year. Not less than 48 hours of the imprisonment imposed under this subparagraph shall be served consecutively.

    (e) The term of imprisonment imposed under subdivision (d) shall not be suspended.

    (f) The judgment of sentence under this subsection may impose the sanction permitted under section 625n.

    (g) As used in this subsection, "prior conviction" means a conviction for a violation or attempted violation of subsection (1), (4), or (5) or former section 625(1) or (2), a local ordinance substantially corresponding to subsection (1) or former section 625(1) or (2), or a law of another state substantially corresponding to subsection (1), (4), or (5) or former section 625(1) or (2).


    (8) 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.

    (9) If a person is convicted of violating subsection (3), all of the following apply:

    (a) Except as otherwise provided in subdivisions (b) and (c), the person is guilty of a misdemeanor punishable by 1 or more of the following:

    (i) Community service for not more than 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) The judgment of sentence under subdivision (b) or (c) may impose the sanction permitted under section 625n.

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

    (10) If a person is convicted of violating subsection (6), all of the following apply:

    (a) Except as otherwise provided in subdivision (b), the person is guilty of a misdemeanor punishable by 1 or both of the following:

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

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

    (b) If the violation occurs within 7 years of 1 or more prior convictions, the person may be sentenced to 1 or both of the following:

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

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

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

    (11) In addition to imposing the sanctions prescribed under subsection (4), (5), (7), (9), or (10), the court may order the person to pay the costs of the prosecution under the code of criminal procedure, Act No. 175 of the Public Acts of 1927, being sections 760.1 to 776.22 of the Michigan Compiled Laws.

    (12) The court shall impose licensing sanctions pursuant to section 625b.

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

    (14) If the prosecuting attorney intends to seek an enhanced sentence under subsection (7)(b) or (d), subsection (9)(b) or (c), or subsection (10)(b) based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information, or an amended complaint and information, filed in district court, circuit court, recorder's court, municipal court, or probate court a statement listing the defendant's prior convictions.

    (15) 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 (6) in exchange for dismissal of the original charge. This subsection does not prohibit the court from dismissing the charge upon the prosecuting attorney's motion.

    (16) A prior conviction shall be established at sentencing by 1 or more of the following:

    (a) An abstract of conviction.

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

    (c) An admission by the defendant.

    (17) A person who is convicted of an attempted violation of subsection (1), (3), (4), (5), or (6) or a local ordinance substantially corresponding to subsection (1), (3), or (6) shall be punished as if the offense had been completed.

    (18) When assessing points and taking licensing action under this act, the secretary of state and the court shall treat a conviction of an attempted violation of subsection (1), (3), (4), (5), or (6) or a local ordinance substantially corresponding to subsection (1), (3), or (6) or a law of another state substantially corresponding to subsection (1), (3), (4), (5), or (6) the same as if the offense had been completed.

    (19) Except as otherwise provided in subsection (21), if a person is charged with operating a vehicle while under the influence of a controlled substance or a combination of intoxicating liquor and a controlled substance in violation of subsection (1) or a local ordinance substantially corresponding to subsection (1), the court shall require the jury to return a special verdict in the form of a written finding or, if the court convicts the person without a jury or accepts a plea of guilty or nolo contendere, the court shall make a finding as to whether the person was under the influence of a controlled substance or a combination of intoxicating liquor and a controlled substance at the time of the violation.

    (20) Except as otherwise provided in subsection (21), if a person is charged with operating a vehicle while his or her ability to operate the vehicle was visibly impaired due to his or her consumption of a controlled substance or a combination of intoxicating liquor and a controlled substance in violation of subsection (3) or a local ordinance substantially corresponding to subsection (3), the court shall require the jury to return a special verdict in the form of a written finding or, if the court convicts the person without a jury or accepts a plea of guilty or nolo contendere, the court shall make a finding as to whether, due to the consumption of a controlled substance or a combination of intoxicating liquor and a controlled substance, the person's ability to operate a motor vehicle was visibly impaired at the time of the violation.

    (21) A special verdict described in subsections (19) and (20) is not required if a jury is instructed to make a finding solely as to either of the following:

    (a) Whether the defendant was under the influence of a controlled substance or a combination of intoxicating liquor and a controlled substance at the time of the violation.

    (b) Whether the defendant was visibly impaired due to his or her consumption of a controlled substance or a combination of intoxicating liquor and a controlled substance at the time of the violation.

    (22) If a jury or court makes a finding under subsection (19), (20), or (21) that the defendant operated a motor vehicle under the influence of or while impaired due to the consumption of a controlled substance or a combination of a controlled substance and an intoxicating liquor, the court shall do both of the following:

    (a) Report the finding to the secretary of state.

    (b) On a form or forms prescribed by the state court administrator, forward to the department of state police a record that specifies the penalties imposed by the court, including any term of imprisonment, any licensing sanction imposed under section 625b, and any sanction imposed under section 625n.

    (23) Except as otherwise provided by law, a record described in subsection (22)(b) is a public record and the department of state police shall retain the information contained on that record for not less than 7 years.

    (24) In a prosecution for a violation of subsection (6), the defendant bears 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.

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