2.33Knowingly Allowing Another Who is Under the Influence of Alcoholic Liquor and/or a Controlled Substance, Has Unlawful Alcohol Content, or is Visibly Impaired to Operate ORV
“The owner or person in charge or in control of an ORV shall not authorize or knowingly permit the ORV to 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 a combination of alcoholic liquor and a controlled substance.
(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 an ORV 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.” MCL 324.81134(2).
A violation of MCL 324.81134(2) is a misdemeanor punishable by:
•imprisonment for not more than 93 days;
•fine of not less than $100 or more than $500; or
•both;
•plus costs of the prosecution. MCL 324.81134(9); MCL 324.81134(16).
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)(c). See Section 1.6 for more information on points.
•ORV impoundment/seizure authorized under certain circumstances. See MCL 324.81147(6)-(7). See Section 2.15 for more information on impoundment/seizure.