Sec. 48.
(1) Offense variable 18 is operator ability affected by alcohol or drugs. Score offense variable 18 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:
| (a) The offender operated a vehicle, vessel, ORV, | |
| snowmobile, aircraft, or locomotive when his or her | |
| bodily alcohol content was 0.20 grams or more per 100 | |
| milliliters of blood, per 210 liters of breath, or per | |
| 67 milliliters of urine................................ | 20 points |
| (b) The offender operated a vehicle, vessel, ORV, | |
| snowmobile, aircraft, or locomotive when his or her | |
| bodily alcohol content was 0.15 grams or more but less | |
| than 0.20 grams per 100 milliliters of blood, per 210 | |
| liters of breath, or per 67 milliliters of urine....... | 15 points |
| (c) The offender operated a vehicle, vessel, ORV, | |
| snowmobile, aircraft, or locomotive while the offender | |
| was under the influence of alcoholic or intoxicating | |
| liquor, a controlled substance, or a combination of | |
| alcoholic or intoxicating liquor and a controlled | |
| substance; or while the offender's body contained 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 a controlled substance described in section | |
| 7214(a)(iv) of the public health code, 1978 PA 368, MCL | |
| 333.7214; or while the offender had an alcohol content | |
| of 0.08 grams or more but less than 0.15 grams per 100 | |
| milliliters of blood, per 210 liters of breath, or per | |
| 67 milliliters of urine or, beginning October 1, | |
| 2018, the offender had an alcohol content of 0.10 grams | |
| or more but less than 0.15 grams per 100 milliliters of | |
| blood, per 210 liters of breath, or per 67 milliliters | |
| of urine............................................... | 10 points |
| (d) The offender operated a vehicle, vessel, ORV, | |
| snowmobile, aircraft, or locomotive while he or she was | |
| visibly impaired by the use of alcoholic or intoxicating | |
| liquor or a controlled substance or a combination of | |
| alcoholic or intoxicating liquor and a controlled | |
| substance, or was less than 21 years of age and had any | |
| bodily alcohol content................................. | 5 points |
| (e) The offender's ability to operate a vehicle, | |
| vessel, ORV, snowmobile, aircraft, or locomotive was not | |
| affected by an alcoholic or intoxicating liquor or a | |
| controlled substance or a combination of alcoholic or | |
| intoxicating liquor and a controlled substance......... | 0 points |
(2) As used in this section, "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, 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 an individual's body resulting from the consumption of alcoholic or intoxicating liquor other than the consumption of alcoholic or intoxicating liquor as part of a generally recognized religious service or ceremony.
History: Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 1999, Act 227, Imd. Eff. Dec. 28, 1999 ;-- Am. 2000, Act 279, Eff. Oct. 1, 2000 ;-- Am. 2003, Act 134, Eff. Sept. 30, 2003 ;-- Am. 2013, Act 24, Imd. Eff. May 9, 2013
Last modified: October 10, 2016