2.32Operating While Under the Influence, With Unlawful Bodily Alcohol Content, With Any Amount of Certain Controlled Substances, or While Visibly Impaired Causing Serious Impairment of a Body Function
“A person who operates an ORV within [Michigan] in violation of [MCL 324.81134(1) or MCL 324.81134(3)] and by the operation of that ORV causes a serious impairment of a body function of another person is guilty of a felony[.]” MCL 324.81134(5).
“Before accepting a plea of guilty under [MCL 324.81134], the court shall advise the accused of the statutory consequences possible as the result of a plea of guilty in respect to suspension of the person’s right to operate an ORV and the penalty imposed for violation of [MCL 324.81134].” MCL 324.81134(19).
Operating an ORV while under the influence, with an unlawful bodily alcohol content, or while visibly impaired and causing a serious impairment of a body function is a felony punishable by:
•imprisonment for not more than five years;
•fine of not less than $1,000 or more than $5,000; or
•both. MCL 324.81134(5).
1.Reimbursement For Expenses Incurred
“As part of the sentence for a conviction of [violating or attempting to violate MCL 324.81134], in addition to any other penalty authorized by law, the court may order the person convicted to reimburse the state or a local unit of government for expenses incurred in relation to that incident including but not limited to expenses for an emergency response and expenses for prosecuting the person[.]” MCL 769.1f(1)(d). See also MCL 324.81134(16) (authorizing the court to order the person to pay the costs of the prosecution).
Only applicable sanctions are listed below; accordingly, if a particular sanction is omitted from this section, it is not applicable to this offense. The Offense Code Index for Traffic Violations published by the secretary of state and sourced from the Michigan Department of State Court Manual includes a table detailing traffic offenses and applicable sanctions. The Offense Code Index for Traffic Violations is available at: http://www.michigan.gov/documents/OffenseCode_73877_7.pdf. See Section 1.5 for more information on abstracting procedures.
•Six points. See MCL 257.320a(1)(a). See Section 1.6 for more information points.
•ORV impoundment/seizure authorized under certain circumstances. See MCL 324.81147(6)-(7). See Section 2.15 for more information on impoundment/seizure.