Vehicle impoundment is a required sanction when a person is convicted of an offense punishable under MCL 257.904(1)(b) or MCL 257.904(1)(c)1 or a substantially corresponding local ordinance. MCL 257.904b(1).2 Impoundment is also a sanction for certain ignition interlock violations, discussed in Section 9.12(B). See MCL 257.625l.
“An order for the impounding of a motor vehicle issued pursuant to [MCL 257.904b] is valid throughout the state. Any peace officer may execute the impoundment order. The order shall include the implied consent of the owner of the vehicle to the storage for insurance coverage purposes.” MCL 257.904b(3).
“The owner of a motor vehicle impounded pursuant to [MCL 257.904b] is liable for expenses incurred in the removal and storage of the vehicle whether or not the vehicle is returned to him or her. The vehicle shall be returned to the owner only if the owner pays the expenses for removal and storage. If redemption is not made or the vehicle is not returned as provided in [MCL 257.904b] within 30 days after the time set in the impoundment order for return of the vehicle, the vehicle shall be considered an abandoned vehicle and disposed of as provided in [MCL 257.252a]. MCL 257.904b(4).
“[MCL 257.904b] does not affect the rights of a conditional vendor, chattel mortgagee, or lessor of a motor vehicle registered in the name of another person as owner who becomes subject to this act.” MCL 257.904b(5).
1 Note that MCL 257.904 no longer has subdivision (1)(b) or (1)(c). 1994 PA 450 omitted MCL 257.904(1)(c) and 1998 PA 341 omitted all of the subdivisions from MCL 257.904(1). 1998 PA 341 included MCL 257.904(3)(a)-(b), which contained language very similar to what was formerly in MCL 257.904(1)(b)-(c). The former MCL 257.904(1)(b)-(c) stated that a person who violated MCL 257.904(1) was guilty of a misdemeanor punishable as follows: “(b) For a violation, other than a violation punishable under subdivision a), by imprisonment for not more than 90 days, or by a fine of not more than $500.00, or both. Unless the vehicle was stolen or used with the permission of a person who did not knowingly permit an unlicensed driver to operate the vehicle, the registration plates of the vehicle shall be confiscated. (c) For a second or subsequent violation punishable under subdivision (b), by imprisonment for not more than 1 year, or a fine of not more than $1,000.00, or both. Unless the vehicle was stolen, the registration plates of the vehicle shall be confiscated.” Currently, MCL 257.904(3)(a)-(b) provide that a person that violates MCL 257.904(1)-(2) is guilty of a misdemeanor as follows: “(a) For a first violation, by imprisonment for not more than 93 days or a fine of not more than $500.00, or both. Unless the vehicle was stolen or used with the permission of a person who did not knowingly permit an unlicensed driver to operate the vehicle, the registration plates of the vehicle must be canceled by the secretary of state on notification by a peace officer. (b) For a violation that occurs after a prior conviction, by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both. Unless the vehicle was stolen, the registration plates of the vehicle shall be canceled by the secretary of state on notification by a peace officer.”
2 MCL 257.904b(2) is not discussed because it references a subdivision of MCL 257.904 that does not appear to exist in any form in the current version of MCL 257.904.