9.2Special Procedures for Section 625 Offenses

A.Warrantless Arrest

“A peace officer may arrest a person without a warrant under either of the following circumstances:

(a) The peace officer has reasonable cause to believe the person was, at the time of an accident in [Michigan], the operator of a vehicle involved in the accident and was operating the vehicle in violation of [MCL 257.625] or a local ordinance substantially corresponding to [MCL 257.625].

(b) The person is found in the driver’s seat of a vehicle parked or stopped on a highway or street within [Michigan] if any part of the vehicle intrudes into the roadway and the peace officer has reasonable cause to believe the person was operating the vehicle in violation of [MCL 257.625] or a local ordinance substantially corresponding to [MCL 257.625].” MCL 257.625a(1).

In lieu of filing a complaint as required by MCL 764.13, a police officer may issue an appearance ticket to a person who is arrested without a warrant “for a misdemeanor or ordinance violation[.]” MCL 764.9c(1). “The appearance ticket . . . , or other documentation as requested, must be forwarded to the court, appropriate prosecuting authority, or both, for review without delay.” Id.

“Except as provided in [MCL 764.9c(5)], a police officer shall issue to and serve upon a person an appearance ticket . . . and release the person from custody if the person has been arrested for a misdemeanor or ordinance violation that has a maximum permissible penalty that does not exceed 1 year in jail or a fine, or both, and is not . . . an operating while intoxicated offense.” MCL 764.9c(4). MCL 764.9c “does not create a right to the issuance of an appearance ticket in lieu of an arrest. An arrested person may appeal the legality of his or her arrest as provided by law. However, an arrested person does not have a claim for damages against a police officer or law enforcement agency because he or she was arrested rather than issued an appearance ticket.” MCL 764.9c(8).

B.Arraignment

“A person arrested for a misdemeanor violation of [MCL 257.625(1), MCL 257.625(3), MCL 257.625(6), MCL 257.625(7), or MCL 257.625(8)] or [MCL 257.625m] or a local ordinance substantially corresponding to [MCL 257.625(1), MCL 257.625(3), MCL 257.625(6), or MCL 257.625(8)] or [MCL 257.625m] must be arraigned on the citation, complaint, or warrant not more than 14 days after the arrest for the violation or, if an arrest warrant is issued or reissued, not more than 14 days after the issued or reissued arrest warrant is served, whichever is later.” MCL 257.625b(1). “The court shall not dismiss a case or impose any other sanction for a failure to comply with this time limit.” Id. “The time limit does not apply to a violation of [MCL 257.625(1), MCL 257.625(3), MCL 257.625(7), or MCL 257.625(8)] or [MCL 257.625m] punishable as a felony or a violation of [MCL 257.625(1), MCL 257.625(3), MCL 257.625(6), MCL 257.625(7), or MCL 257.625(8)] or [MCL 257.625m] joined with a felony charge.” MCL 257.625b(1).

C.Pretrial Conference

“The court shall schedule a pretrial conference between the prosecuting attorney, the defendant, and the defendant’s attorney in each case in which the defendant is charged with a misdemeanor violation of [MCL 257.625(1), MCL 257.625(3), MCL 257.625(6), MCL 257.625(7), or MCL 257.625(8)] or [MCL 257.625m] or a local ordinance substantially corresponding to [MCL 257.625(1), MCL 257.625(3), MCL 257.625(6), or MCL 257.625(8)] or [MCL 257.625m].” MCL 257.625b(2).

“The pretrial conference must be held not more than 35 days after the person’s arrest for the violation or, if an arrest warrant is issued or reissued, not more than 35 days after the issued or reissued arrest warrant is served, whichever is later.” MCL 257.625b(2).

“If the court has only 1 judge who sits in more than 1 location in that district, the pretrial conference must be held not more than 42 days after the person’s arrest for the violation or, if an arrest warrant is issued or reissued, not more than 42 days after the date the issued or reissued arrest warrant is served, whichever is later.” MCL 257.625b(2).

“The court shall not dismiss a case or impose any other sanction for a failure to comply with the applicable time limit.” MCL 257.625b(2).

“The 35- and 42-day limits do not apply to a violation of [MCL 257.625(1), MCL 257.625(3), MCL 257.625(7), or MCL 257.625(8)] or [MCL 257.625m] punishable as a felony or a violation of [MCL 257.625(1), MCL 257.625(3), MCL 257.625(6), MCL 257.625(7), MCL 257.625(8)] or [MCL 257.625m] joined with a felony charge.”¹ MCL 257.625b(2).

“The court shall order the defendant to attend the pretrial conference and may accept a plea by the defendant at the conclusion of the pretrial conference.” MCL 257.625b(2).

“The court may adjourn the pretrial conference upon the motion of a party for good cause shown.” MCL 257.625b(2). However, “[n]ot more than 1 adjournment shall be granted to a party, and the length of an adjournment must not exceed 14 days.” MCL 257.625b(2).

D.Plea Provision in Section 625(16)

“If a person is charged with a violation of [MCL 257.625(1), MCL 257.625(3), MCL 257.625(4), MCL 257.625(5), MCL 257.625(7), or MCL 257.625(8)] or [MCL 257.625m], the court shall not permit the defendant to enter a plea of guilty or nolo contendere to a charge of violating [MCL 257.625(6)²] in exchange for dismissal of the original charge. This subsection does not prohibit the court from dismissing the charge on the prosecuting attorney's motion.” MCL 257.625(16). See also People v Bulger, 291 Mich App 1, 6 (2010), which states that “the Legislature differentiated the zero-tolerance provision from the crimes of operating while intoxicated or operating while visibly impaired by prohibiting a plea of guilty or nolo contendere to a zero-tolerance charge in exchange for dropping either of the more serious charges.”

E.Advice to the Accused Before Accepting Plea

“Before accepting a plea of guilty or nolo contendere under [MCL 257.625] or a local ordinance substantially corresponding to [MCL 257.625(1), MCL 257.625(2), MCL 257.625(3), MCL 257.625(6), or MCL 257.625(8)], the court shall advise the accused of the maximum possible term of imprisonment and the maximum possible fine that may be imposed for the violation and shall advise the defendant that the maximum possible license sanctions that may be imposed will be based upon the master driving record maintained by the secretary of state under [MCL 257.204a].” MCL 257.625b(4).

F.Final Adjudication

“Except for delay attributable to the unavailability of the defendant, a witness, or material evidence or due to an interlocutory appeal or exceptional circumstances, but not a delay caused by docket congestion, the court shall finally adjudicate, by a plea of guilty or nolo contendere, entry of a verdict, or other final disposition, a case in which the defendant is charged with a misdemeanor violation of [MCL 257.625(1), MCL 257.625(3), MCL 257.625(6), MCL 257.625(7), or MCL 257.625(8)] or [MCL 257.625m] or a local ordinance substantially corresponding to [MCL 257.625(1), MCL 257.625(3), MCL 257.625(6), or MCL 257.625(8)] or [MCL 257.625m], within 77 days after the person is arrested for the violation or, if an arrest warrant is issued or reissued, not more than 77 days after the date the issued or reissued arrest warrant is served, whichever is later.” MCL 257.625b(3).“The court shall not dismiss a case or impose any other sanction for a failure to comply with this time limit.” Id.

“The 77-day time limit does not apply to a violation of [MCL 257.625(1), MCL 257.625(3), MCL 257.625(7), or MCL 257.625(8)] or [MCL 257.625m] punishable as a felony or a violation of [MCL 257.625(1), MCL 257.625(3), MCL 257.625(6), MCL 257.625(7), or MCL 257.625(8)] or [MCL 257.625m] joined with a felony charge.” MCL 257.625b(3).

G.Order Screening and Assessment for Rehabilitative Services Before Imposing Sentence

“Before imposing sentence for a violation of [MCL 257.625(1), MCL 257.625(3), MCL 257.625(4), MCL 257.625(5), MCL 257.625(6), MCL 257.625(7), or MCL 257.625(8)] or a local ordinance substantially corresponding to [MCL 257.625(1), MCL 257.625(3), MCL 257.625(6), or MCL 257.625(8)], the court shall order the person to undergo screening and assessment by a person or agency designated by the office of substance abuse services to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs.” MCL 257.625b(5).

“Except as otherwise provided in [MCL 257.625b(5)], the court may order the person to participate in and successfully complete 1 or more appropriate rehabilitative programs as part of the sentence.” MCL 257.625b(5).

“If the person was convicted under [MCL 257.625(1)(c)] or has 1 or more prior convictions, the court shall order the person to participate in and successfully complete 1 or more appropriate rehabilitative programs as part of the sentence, including, but not limited to, an alcohol treatment program or a self-help program for a period of not less than 1 year.” MCL 257.625b(5).

“The treatment plan must be devised from an assessment performed by an appropriately licensed alcohol assessor and approved by the court.” MCL 257.625b(5).

“If the person has 2 or more prior convictions, the court shall order the person to undergo an assessment that uses a standardized evidence-based instrument performed by a provider or other licensed or certified substance use disorder professional to determine whether he or she has a diagnosis for alcohol dependence and would likely benefit from a United States Food and Drug Administration approved medication-assisted treatment that is indicated for the treatment of alcohol dependence, as specified in the most recent Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.” MCL 257.625b(5).

“A person may request an independent assessment[.]” MCL 257.625b(5). The independent assessment must satisfy the assessment requirements set forth in MCL 257.625b(5). Id. “A court shall grant a request for an independent assessment and shall consider the results of the independent assessment along with the assessment required under [MCL 257.625b(5)] when determining if the court will refer the person to a rehabilitative program that offers 1 or more forms of United States Food and Drug Administration-approved medications for the treatment of alcohol dependence.” Id.

“Only a provider may recommend that a person take medication-assisted treatment. A person always maintains the right to refuse ingestion or injection of medication. Only a provider may determine the type, dosage, and duration of the medication-assisted treatment. If the person refuses to take the medication-assisted treatment, the court shall not hold that person in contempt.” Id.

“If no other identified funding source is available, the person shall pay for the costs of the screening, assessment, or assessments, as applicable, and rehabilitative services ordered under [MCL 257.625b(5)].” MCL 257.625b(5).

“[MCL 257.625b(5)] does not require the person to successfully complete an ordered rehabilitative program before driving a vehicle with an ignition interlock device on a restricted license.” MCL 257.625b(5).

H.Issuance of a Restricted License

Unless a person is ineligible under MCL 257.304(3), the secretary of state must issue a person a restricted license if the person’s license “was suspended or restricted under [MCL 257.319] or revoked or denied under [MCL 257.303] based on either of the following:

(a) Two or more convictions for violating [MCL 257.625(1) or MCL 257.625(3)] or a local ordinance of this state that substantially corresponds to [MCL 257.625(1) or MCL 257.625(3)].

(b) One conviction for violating [MCL 257.625(1) or MCL 257.625(3)] or a local ordinance of this state that substantially corresponds to [MCL 257.625(1) or MCL 257.625(3)], preceded by 1 or more convictions for violating a local ordinance or law of another state that substantially corresponds to [MCL 257.625(1) or MCL 257.625(3), or MCL 257.625(6)], or a law of the United States that substantially corresponds to [MCL 257.625(1), MCL 257.625(3), or MCL 257.625(6)].” MCL 257.304(1).

1.Requirements for Issuance

A restricted license under MCL 257.304(1) must not be issued until:

•the individual’s license has been suspended or revoked for 45 days, MCL 257.303(2), and

•the judge assigned to a specialty court certifies to the secretary of state both of the following:

•the individual has been admitted into a specialty court interlock program,³ and

•an approved and certified ignition interlock device has been properly installed on each motor vehicle owned, operated, or both, by the individual. MCL 257.304(2)(a)-(b).

Under MCL 257.304(3), a restricted license must not be issued under MCL 257.304(1) if the individual is ineligible for a license under the MVC, unless the individual’s ineligibility is based on 1 or more of the following:

•License denied under MCL 257.303(1)(h) or MCL 257.303(1)(j);

•License revoked and denied under MCL 257.303(2)(c)(i) or MCL 257.303(2)(c)(iii);

•License revoked and denied under MCL 257.303(2)(g)(i) or MCL 257.303(2)(g)(iii);

•License suspended under MCL 257.319(4)-(7), MCL 257.319(8)(a)-(e), or MCL 257.319(9);

•Under investigation or reexamination by the secretary of state under MCL 257.320(1)(d);

•License suspended for violating MCL 257.321a(1) or MCL 257.321a(2);

•Issued a court-ordered restricted license under MCL 257.323c;

•License suspended or denied under MCL 257.625f;

•An additional like period of suspension or revocation was issued under MCL 257.904(10);

•License suspended under MCL 324.82105a(2);

•License suspended or revoked under MCL 500.3177;

•License suspended under MCL 257.1110.

2.Privileges of a Restricted License

An individual issued a restricted license under MCL 257.304 may operate only the vehicle equipped with a proper ignition interlock device, take any driving test required by the secretary of state, and drive to and from any combination of the following places:

•in the course of the individual’s employment/occupation as long as no commercial driver license is required;

•the individual’s residence;

•the individual’s workplace;

•an alcohol, drug, or mental health education and treatment program as ordered by the court;

•Alcoholics Anonymous, Narcotics Anonymous, or other court-ordered self-help programs;

•court hearings and probation appointments;

•court-ordered community service;

•an educational institution at which the person is enrolled as a student;

•a place of regularly occurring medical treatment for a serious condition or medical emergency for the person or a member of the person’s household or immediate family;

•alcohol or drug testing as ordered by the court;

•an ignition interlock service provider as required;

•the judge has discretion to permit a minor’s custodian to drive to a day care facility or educational institution (if the child is going to class or is a participant in certain school-sanctioned activities) at which the custodian’s minor child is enrolled. MCL 257.304(4).

“While driving with a restricted license, the individual shall carry proof of the individual’s destination and the hours of any employment, class, or other reason for traveling and shall display that proof on a peace officer’s request.” MCL 257.304(5).

3.Removing Restriction From License

“Except as otherwise provided in [MCL 257.304], a restricted license under [MCL 257.304(1)] is effective until a hearing officer orders an unrestricted license under [MCL 257.322]. Subject to [MCL 257.304(7)], the hearing officer shall not order an unrestricted license until the later of the following events occur:

(a) The court notifies the secretary of state that the individual has successfully completed the specialty court program.

(b) The minimum period of license sanction that would have been imposed under [MCL 257.303 or MCL 257.319] but for this section has been completed.

(c) The individual demonstrates that the individual has operated with an ignition interlock device for not less than 1 year.

(d) The individual satisfies the requirements of [MCL 257.303] and R 257.313 of the Michigan Administrative Code.” MCL 257.304(6).

“A hearing officer shall not issue an unrestricted license for at least 1 year if either of the following applies:

(a) The hearing officer determines that the individual consumed any alcohol during the period that the individual’s license was restricted under [MCL 257.304], as determined by breath, blood, urine, or transdermal testing unless a second test, administered within 5 minutes after administering the first test, showed an absence of alcohol.

(b) The hearing officer determines that the individual consumed or otherwise used any controlled substance during the period that the individual’s license was restricted under [MCL 257.304], except as lawfully prescribed.” MCL 257.304(7).

“In determining whether to order an unrestricted license under [MCL 257.304(6)], the successful completion of the specialty court program and a certificate from the specialty court judge must be considered positive evidence of the petitioner’s abstinence while the petitioner participated in the specialty court program. This subsection does not apply to a determination made under [MCL 257.304(7)].” MCL 257.304(8). Certificate “includes, but is not limited to, a statement that the participant has maintained a period of abstinence from alcohol for not less than 6 months at the time the participant completed the specialty court program.” Id.

4.Violating the Terms of the Restricted License Before Completion of Specialty Court Program

The secretary of state must summarily impose the following sanctions if it receives notice from the specialty court that the person (1) has been removed from the specialty court program; (2) operated a motor vehicle that was not equipped with an ignition interlock device; (3) tampered with, circumvented, or removed a court-ordered ignition interlock device without court approval; or (4) has been charged with a new violation of MCL 257.625:

•License suspension for the full length of time provided in MCL 257.319(8), except that a restricted license cannot be issued under MCL 257.319(8). This sanction only applies if the underlying conviction(s) would have been punishable under MCL 257.319(8) if MCL 257.304 did not apply.

•License revocation and denial for the full length of time provided in MCL 257.303. The minimum length of license revocation and denial must be imposed as if MCL 257.304 did not apply. This sanction only applies if the underlying conviction(s) would have been punishable under MCL 257.303 if MCL 257.304 did not apply. MCL 257.304(9). See also MCL 600.1084(7) (setting forth circumstances under which a specialty court judge must notify the secretary of state).⁴ 

5.Violating the Terms of the Restricted License After Completion of the Specialty Court Program

“After the individual completes the specialty court program, the following apply:

(a) The secretary of state shall postpone considering the issuance of an unrestricted license under [MCL 257.322] for a period of 3 months for each act that would be a minor violation if the individual’s license had been issued under [MCL 257.322(6)]. As used in this subdivision, ‘minor violation’ means that term as defined in R 257.301a of the Michigan Administrative Code.

(b) The restricted license issued under this section must be suspended or revoked or denied as provided in [MCL 257.304(9)], unless set aside under [MCL 257.322(5)], if any of the following events occur:

(i) The individual operates a motor vehicle without an ignition interlock device that meets the criteria under [MCL 257.304(2)(b)].

(ii) The individual removes, or causes to be removed, an ignition interlock device from a vehicle the individual owns or operates unless the secretary of state has authorized its removal under [MCL 257.322a].

(iii) The individual commits any other act that would be a major violation if the individual’s license had been issued under [MCL 257.322(6)]. As used in this subparagraph, ‘major violation’ means that term as defined in R 257.301a of the Michigan Administrative Code.

(iv) The individual is arrested for a violation of any of the following:

(A) [MCL 257.625].

(B) A local ordinance of this state or another state that substantially corresponds to [MCL 257.625].

(C) A law of the United States that substantially corresponds to [MCL 257.625.]

(c) If the individual is convicted of or found responsible for any offense that requires the suspension, revocation, denial, or cancellation of the individual’s operator’s or chauffeur’s license, the restricted license issued under this section must be suspended until the requisite period of license suspension, revocation, denial, or cancellation, as appropriate, has elapsed.

(d) If the individual has failed to pay any court-ordered fines or costs that resulted from the operation of a vehicle, the restricted license issued under this section must be suspended pending payment of those fines and costs.” MCL 257.304(10).

6.Vehicle Immobilization/Forfeiture⁵ and Restricted Licenses

“The vehicle of an individual admitted to the specialty court interlock program whose vehicle would otherwise be subject to immobilization or forfeiture under this act is exempt from both immobilization and forfeiture under [MCL 257.625n] and [MCL 257.904d] if both of the following apply:

(a) The individual is a specialty court interlock program participant in good standing or the individual successfully satisfactorily completes the  specialty court interlock program.

(b) The individual does not subsequently violate a law of this state for which vehicle immobilization or forfeiture is a sanction.”MCL 257.304(11).

I.Appeals to Circuit Court⁶

“If the judgment and sentence are appealed to circuit court, the court may ex parte order the secretary of state to stay the suspension, revocation, or restricted license issued by the secretary of state pending the outcome of the appeal.” MCL 257.625b(6).