SNOWMOBILE, DUI, DRUNK DRIVING, NORTHERN MICHIGAN, UPPER PENINSULA, Otsego County, Gaylord, Crawford County, Grayling, Gladwin, Clare County, ATTORNEY TODD L. LEVITT, 989-772-6000
FREE CONSULTATION, Attorney, TODD L. LEVITT, 989-772-6000
324.82127 Operation of or authorizing operation of snowmobile while under influence of alcoholic liquor or controlled substance prohibited; visible impairment; violation; penalty; “serious impairment of a body function” defined; operation by person less than 21 years of age; “any bodily alcoholic content” defined; person less than 16 years of age occupying snowmobile.
Sec. 82127.
(1) A person shall not operate a snowmobile in this state if any of the following apply:
(a) The person is under the influence of alcoholic liquor or a controlled substance, or both.
(b) The person has a blood alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(c) The person has in his or her body any amount of a controlled substance listed in schedule 1 under section 7212 of the public health code, 1978 PA 368, MCL 333.7212, or a rule promulgated under that section, or of a controlled substance described in section 7214(a)(iv) of the public health code, 1978 PA 368, MCL 333.7214.
(2) The owner of a snowmobile or a person in charge or in control of a snowmobile shall not authorize or knowingly permit the snowmobile to be driven or operated by a person if any of the following apply:
(a) The person is under the influence of alcoholic liquor or a controlled substance, or both.
(b) The person has an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(c) The person’s ability to operate a snowmobile is visibly impaired due to the consumption of an alcoholic liquor, a controlled substance, or a combination of an alcoholic liquor and a controlled substance.
(3) A person shall not operate a snowmobile when, due to the consumption of an alcoholic liquor or a controlled substance, or both, the person’s ability to operate the snowmobile 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 operates a snowmobile in violation of subsection (1) or (3) and by the operation of that snowmobile 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.
(5) A person who operates a snowmobile in violation of subsection (1) or (3) and by the operation of that snowmobile 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. As used in this subsection, “serious impairment of a body function” means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.
(6) A person who is less than 21 years of age, whether licensed or not, shall not operate a snowmobile if the person has any bodily alcohol content. As used in this subsection, “any bodily alcohol content” means either of the following:
(a) An alcohol content of 0.02 grams or more but less than 0.08 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, or, beginning October 1, 2018, an alcohol content of 0.02 grams or more but less than 0.10 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(b) Any presence of alcohol within a person’s body resulting from the consumption of alcoholic liquor, other than consumption of alcoholic liquor as a part of a generally recognized religious service or ceremony.
(7) A person is subject to the following requirements:
(a) He or she shall not operate a snowmobile in violation of subsection (1), (3), (4), or (5) while another person who is less than 16 years of age is occupying the snowmobile.
(b) He or she shall not operate a snowmobile in violation of subsection (6) while another person who is less than 16 years of age is occupying the snowmobile.