Sec. 625.
(1) A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to       motor vehicles, including an area designated for the parking of vehicles, within this state if the person is operating while intoxicated. As used in       this section, "operating while intoxicated" means either of the following applies:

     (a) The person is under the influence of alcoholic liquor, 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, or,            beginning October 1, 2013, the person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per            67 milliliters of urine.

(2) The owner of a vehicle or a person in charge or in control of a vehicle shall not authorize or knowingly permit the vehicle to be operated upon a       highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of motor       vehicles, within this state by a person if any of the following apply:
     (a) The person is under the influence of alcoholic liquor, 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 or,            beginning October 1, 2013, the person has an alcohol content of 0.10 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 the motor vehicle is visibly impaired due to the consumption of alcoholic liquor, a controlled substance, or a            combination of alcoholic liquor and a controlled substance.

(3) A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to       motor vehicles, including an area designated for the parking of vehicles, within this state when, due to the consumption of alcoholic liquor, a       controlled substance, or a combination of alcoholic liquor and a controlled substance, the person's ability to operate the vehicle is visibly impaired.       If a person is charged with violating subsection (1), a finding of guilty under this subsection may be rendered.

(4) A person, whether licensed or not, who operates a motor vehicle in violation of subsection (1), (3), or (8) and by the operation of that motor       vehicle causes the death of another person is guilty of a crime as follows:
      (a) Except as provided in subdivision (b), the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not             less than $2,500.00 or more than $10,000.00, or both. The judgment of sentence may impose the sanction permitted under section 625n. If             the vehicle is not ordered forfeited under section 625n, the court shall order vehicle immobilization under section 904d in the judgment of             sentence.
      (b) If, at the time of the violation, the person is operating a motor vehicle in a manner proscribed under section 653a and causes the death of a             police officer, firefighter, or other emergency response personnel, the person is guilty of a felony punishable by imprisonment for not more             than 20 years or a fine of not less than $2,500.00 or more than $10,000.00, or both. This subdivision applies regardless of whether the             person is charged with the violation of section 653a. The judgment of sentence may impose the sanction permitted under section 625n. If the             vehicle is not ordered forfeited under section 625n, the court shall order vehicle immobilization under section 904d in the judgment of             sentence.

(5) A person, whether licensed or not, who operates a motor vehicle in violation of subsection (1), (3), or (8) and by the operation of that motor       vehicle causes a serious impairment of a body function of another person is guilty of a felony punishable by imprisonment for not more than 5       years or a fine of not less than $1,000.00 or more than $5,000.00, or both. The judgment of sentence may impose the sanction permitted under       section 625n. If the vehicle is not ordered forfeited under section 625n, the court shall order vehicle immobilization under section 904d in the       judgment of sentence.

(6) A person who is less than 21 years of age, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general       public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person has any       bodily alcohol content. As used in this subsection, "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, 2013, the person has an alcohol content of 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 a person's body resulting from the consumption of alcoholic liquor, other than consumption of alcoholic liquor as             a part of a generally recognized religious service or ceremony.

(7) A person, whether licensed or not, is subject to the following requirements:
      (a) He or she shall not operate a vehicle in violation of subsection (1), (3), (4), (5), or (8) while another person who is less than 16 years of age is            occupying the vehicle. A person who violates this subdivision is guilty of a crime punishable as follows:
           (i) Except as provided in subparagraph (ii), a person who violates this subdivision is guilty of a misdemeanor and shall be sentenced to pay a                fine of not less than $200.00 or more than $1,000.00 and to 1 or more of the following:
               (A)Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of this imprisonment shall be served consecutively.                     This term of imprisonment shall not be suspended.
               (B)Community service for not less than 30 days or more than 90 days.
           (ii) If the violation occurs within 7 years of a prior conviction or within 10 years of 2 or more prior convictions, a person who violates this                subdivision is guilty of a felony and shall be sentenced to pay a fine of not less than $500.00 or more than $5,000.00 and to either of the                following:
               (A)Imprisonment under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years.
               (B)Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60                     days or more than 180 days. Not less than 48 hours of this imprisonment shall be served consecutively. This term of imprisonment shall                     not be suspended.
      (b) He or she shall not operate a vehicle in violation of subsection (6) while another person who is less than 16 years of age is occupying the             vehicle. A person who violates this subdivision is guilty of a misdemeanor punishable as follows:
           (i) Except as provided in subparagraph (ii), a person who violates this subdivision may be sentenced to 1 or more of the following:
               (A)Community service for not more than 60 days.
               (B)A fine of not more than $500.00.
               (C)Imprisonment for not more than 93 days.
           (ii) If the violation occurs within 7 years of a prior conviction or within 10 years of 2 or more prior convictions, a person who violates this                 subdivision shall be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 and to 1 or more of the following:
               (A)Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of this imprisonment shall be served consecutively.                     This term of imprisonment shall not be suspended.
               (B)Community service for not less than 30 days or more than 90 days.
      (c) In the judgment of sentence under subdivision (a)(i) or (b)(i), the court may, unless the vehicle is ordered forfeited under section 625n, order            vehicle immobilization as provided in section 904d. In the judgment of sentence under subdivision (a)(ii) or (b)(ii), the court shall, unless the            vehicle is ordered forfeited under section 625n, order vehicle immobilization as provided in section 904d.
      (d) This subsection does not prohibit a person from being charged with, convicted of, or punished for a violation of subsection (4) or (5) that is            committed by the person while violating this subsection. However, points shall not be assessed under section 320a for both a violation of            subsection (4) or (5) and a violation of this subsection for conduct arising out of the same transaction.

(8) A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to       motor vehicles, including an area designated for the parking of vehicles, within this state if the person has in his or her body 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 of a controlled substance described in section 7214(a)(iv) of the public health code, 1978 PA 368, MCL 333.7214.

(9) If a person is convicted of violating subsection (1) or (8), all of the following apply:
      (a) Except as otherwise provided in subdivisions (b) and (c), the person is guilty of a misdemeanor punishable by 1 or more of the following:
           (i) Community service for not more than 360 hours.
           (ii) Imprisonment for not more than 93 days.
           (iii) A fine of not less than $100.00 or more than $500.00.
      (b) If the violation occurs within 7 years of a prior conviction, the person shall be sentenced to pay a fine of not less than $200.00 or more than             $1,000.00 and 1 or more of the following:
           (i) Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of the term of imprisonment imposed under this                 subparagraph shall be served consecutively.
           (ii) Community service for not less than 30 days or more than 90 days.
      (c) If the violation occurs within 10 years of 2 or more prior convictions, the person is guilty of a felony and shall be sentenced to pay a fine of not             less than $500.00 or more than $5,000.00 and to either of the following:
           (i) Imprisonment under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years.
           (ii) Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60                 days or more than 180 days. Not less than 48 hours of the imprisonment imposed under this subparagraph shall be served consecutively.
      (d) A term of imprisonment imposed under subdivision (b) or (c) shall not be suspended.
      (e) In the judgment of sentence under subdivision (a), the court may order vehicle immobilization as provided in section 904d. In the judgment of             sentence under subdivision (b) or (c), the court shall, unless the vehicle is ordered forfeited under section 625n, order vehicle immobilization as             provided in section 904d.
      (f) In the judgment of sentence under subdivision (b) or (c), the court may impose the sanction permitted under section 625n.

(10) A person who is convicted of violating subsection (2) is guilty of a crime as follows:
      (a) Except as provided in subdivisions (b) and (c), a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not less than             $100.00 or more than $500.00, or both.
      (b) If the person operating the motor vehicle violated subsection (4), a felony punishable by imprisonment for not more than 5 years or a fine of             not less than $1,500.00 or more than $10,000.00, or both.
      (c) If the person operating the motor vehicle violated subsection (5), a felony punishable by imprisonment for not more than 2 years or a fine of             not less than $1,000.00 or more than $5,000.00, or both.

(11) If a person is convicted of violating subsection (3), all of the following apply:
      (a) Except as otherwise provided in subdivisions (b) and (c), the person is guilty of a misdemeanor punishable by 1 or more of the following:
           (i) Community service for not more than 360 hours.
           (ii) Imprisonment for not more than 93 days.
           (iii) A fine of not more than $300.00.
      (b) If the violation occurs within 7 years of 1 prior conviction, the person shall be sentenced to pay a fine of not less than $200.00 or more than             $1,000.00, and 1 or more of the following:
           (i) Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of the term of imprisonment imposed under this                 subparagraph shall be served consecutively.
           (ii) Community service for not less than 30 days or more than 90 days.
      (c) If the violation occurs within 10 years of 2 or more prior convictions, the person is guilty of a felony and shall be sentenced to pay a fine of not            less than $500.00 or more than $5,000.00 and either of the following:
           (i) Imprisonment under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years.
           (ii) Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60                 days or more than 180 days. Not less than 48 hours of the imprisonment imposed under this subparagraph shall be served consecutively.
      (d) A term of imprisonment imposed under subdivision (b) or (c) shall not be suspended.
      (e) In the judgment of sentence under subdivision (a), the court may order vehicle immobilization as provided in section 904d. In the judgment of            sentence under subdivision (b) or (c), the court shall, unless the vehicle is ordered forfeited under section 625n, order vehicle immobilization as            provided in section 904d.
      (f) In the judgment of sentence under subdivision (b) or (c), the court may impose the sanction permitted under section 625n.

(12) If a person is convicted of violating subsection (6), all of the following apply:
      (a) Except as otherwise provided in subdivision (b), the person is guilty of a misdemeanor punishable by 1 or both of the following:
           (i) Community service for not more than 360 hours.
           (ii) A fine of not more than $250.00.
      (b) If the violation occurs within 7 years of 1 or more prior convictions, the person may be sentenced to 1 or more of the following:
           (i) Community service for not more than 60 days.
           (ii) A fine of not more than $500.00.
           (iii) Imprisonment for not more than 93 days.

(13) In addition to imposing the sanctions prescribed under this section, the court may order the person to pay the costs of the prosecution under the        code of criminal procedure, 1927 PA 175, MCL 760.1 to 777.69.

(14) A person sentenced to perform community service under this section shall not receive compensation and shall reimburse the state or appropriate         local unit of government for the cost of supervision incurred by the state or local unit of government as a result of the person's activities in that         service.

(15) If the prosecuting attorney intends to seek an enhanced sentence under this section or a sanction under section 625n based upon the defendant        having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information, or an amended complaint and        information, filed in district court, circuit court, municipal court, or family division of circuit court, a statement listing the defendant's prior        convictions.

(16) If a person is charged with a violation of subsection (1), (3), (4), (5), (7), or (8) or section 625m, the court shall not permit the defendant to         enter a plea of guilty or nolo contendere to a charge of violating subsection (6) in exchange for dismissal of the original charge. This subsection         does not prohibit the court from dismissing the charge upon the prosecuting attorney's motion.

(17) A prior conviction shall be established at sentencing by 1 or more of the following:
      (a) An abstract of conviction.
      (b) A copy of the defendant's driving record.
      (c) An admission by the defendant.

(18) Except as otherwise provided in subsection (20), if a person is charged with operating a vehicle while under the influence of a controlled         substance or a combination of alcoholic liquor and a controlled substance in violation of subsection (1) or a local ordinance substantially            corresponding to subsection (1), the court shall require the jury to return a special verdict in the form of a written finding or, if the court convicts         the person without a jury or accepts a plea of guilty or nolo contendere, the court shall make a finding as to whether the person was under the         influence of a controlled substance or a combination of alcoholic liquor and a controlled substance at the time of the violation.

(19) Except as otherwise provided in subsection (20), if a person is charged with operating a vehicle while his or her ability to operate the vehicle was         visibly impaired due to his or her consumption of a controlled substance or a combination of alcoholic liquor and a controlled substance in violation         of subsection (3) or a local ordinance substantially corresponding to subsection (3), the court shall require the jury to return a special verdict in         the form of a written finding or, if the court convicts the person without a jury or accepts a plea of guilty or nolo contendere, the court shall         make a finding as to whether, due to the consumption of a controlled substance or a combination of alcoholic liquor and a controlled substance,         the person's ability to operate a motor vehicle was visibly impaired at the time of the violation.

(20) A special verdict described in subsections (18) and (19) is not required if a jury is instructed to make a finding solely as to either of the following:
      (a) Whether the defendant was under the influence of a controlled substance or a combination of alcoholic liquor and a controlled substance at             the time of the violation.
      (b) Whether the defendant was visibly impaired due to his or her consumption of a controlled substance or a combination of alcoholic liquor and a             controlled substance at the time of the violation.

(21) If a jury or court finds under subsection (18), (19), or (20) that the defendant operated a motor vehicle under the influence of or while impaired        due to the consumption of a controlled substance or a combination of a controlled substance and an alcoholic liquor, the court shall do both of the        following:
      (a) Report the finding to the secretary of state.
      (b) On a form or forms prescribed by the state court administrator, forward to the department of state police a record that specifies the penalties             imposed by the court, including any term of imprisonment, and any sanction imposed under section 625n or 904d.

(22) Except as otherwise provided by law, a record described in subsection (21)(b) is a public record and the department of state police shall retain         the information contained on that record for not less than 7 years.

(23) In a prosecution for a violation of subsection (6), the defendant bears the burden of proving that the consumption of alcoholic liquor was a part         of a generally recognized religious service or ceremony by a preponderance of the evidence.

(24) The court may order as a condition of probation that a person convicted of violating subsection (1) or (8), or a local ordinance substantially         corresponding to subsection (1) or (8), shall not operate a motor vehicle unless that vehicle is equipped with an ignition interlock device         approved, certified, and installed as required under sections 625k and 625l.

(25) Subject to subsection (27), as used in this section, "prior conviction" means a conviction for any of the following, whether under a law of this         state, a local ordinance substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this         state:
      (a) Except as provided in subsection (26), a violation or attempted violation of any of the following:
           (i) This section, except a violation of section 625(2), or a violation of any prior enactment of this section in which the defendant operated a                 vehicle while under the influence of intoxicating or alcoholic liquor or a controlled substance, or a combination of intoxicating or alcoholic                 liquor and a controlled substance, or while visibly impaired, or with an unlawful bodily alcohol content.
           (ii) Section 625m.
           (iii) Former section 625b.
      (b) Negligent homicide, manslaughter, or murder resulting from the operation of a vehicle or an attempt to commit any of those crimes.

(26) Except for purposes of the enhancement described in subsection (12)(b), only 1 violation or attempted violation of subsection (6), a local         ordinance substantially corresponding to subsection (6), or a law of another state substantially corresponding to subsection (6) may be used as a         prior conviction.

(27) If 2 or more convictions described in subsection (25) are convictions for violations arising out of the same transaction, only 1 conviction shall be         used to determine whether the person has a prior conviction.