Michigan Criminal Attorneys Blog
The following are misdemeanor alcohol driving offenses that are regularly prosecuted by the Troy Michigan city attorney under the Troy Michigan local ordinances. The numbers listed below are from the Troy Criminal Code:
5.15 Operating While Intoxicated. 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 the City of Troy if the person is operating while intoxicated. As used in this section, “operating while intoxicated” means either:
a) the person is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance, or
b) the person has a blood 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.
A person convicted of this offense faces the following potential penalties: up to 93 days in jail, probation with conditions, community service for not more than 360 hours, a fine of not less than $100 or more than $500, vehicle immobilization as provided in MCL 257.904d, a condition of probation that the person shall not operate a motor vehicle unless that vehicle is equipped with an ignition interlock device. In addition the Court may order the person to pay the costs of the prosecution, and supervision fees. 6 points will be added to the person’s driving record.
5.15 Allowing a Person to Operate While Intoxicated. 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 vehicles, within the City of Troy 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, or
b) the person has a blood 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, or
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.
A person who violates this section is guilty of a misdemeanor punishable by one or more of the following: imprisonment in the county jail for not more than 93 days; probation with conditions; a fine of not less than $100 and more than $500. In addition the Court may order the person to pay the costs of the prosecution, and supervision fees.
5.15 Operate While Visibly Impaired. 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 the City of Troy 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.
A person who violates this section is guilty of a misdemeanor punishable by one or more of the following: imprisonment in the county jail for not more than 93 days; probation with conditions; a fine of not more than $300; immobilization as provided in MCL 257.904d. In addition the Court may order the person to pay the costs of the prosecution, and supervision fees. 4 points will be added to the person’s driving record.
5.15 Minor Operating With Unlawful Blood Alcohol Level. 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 the City of Troy 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 not less than 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 0.10 grams or more 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 part of a generally recognized religious service or ceremony.
A person who violates this section is guilty of a misdemeanor punishable by one or more of the following: community service for not more than 360 hours; probation with conditions; a fine of not more than $250. However, if the violation occurs within seven years of one or more prior convictions, the person may be sentenced to the following: community service for not more than 480 hours; a fine of not more than $500; imprisonment of not more than 93 days; immobilization as provided in MCL 257.904d. In addition the Court may order the person to pay the costs of the prosecution, and supervision fees. 4 points will be added to the person’s driving record.
5.15 Operating With Unlawful Blood Alcohol Content with Passenger Under 16 years. 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 the City of Troy if the person has unlawful blood alcohol content with a passenger present who is under the age of 16 years.
A person who violates this section is guilty of a misdemeanor punishable by one or more of the following: imprisonment for not less than 5 days or more than 93 days; community service for not less than 240 hours or more than 720 hours; probation with conditions; a fine of not less than $200 or more than $500; immobilization as provided in MCL 257.904d. In addition the Court may order the person to pay the costs of the prosecution, and supervision fees.
5.15 Operating With the Presence of a Controlled Substance. 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 the City of Troy 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.
5.15a Transportation of Transportation of Alcoholic Liquor in Container Open or Uncapped or Upon Which Seal Broken. A person shall not transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger compartment of a vehicle upon a highway, or within the passenger compartment of a moving vehicle in any place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, in the City of Troy. However, a person may transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger compartment of a vehicle upon a highway, or within the passenger compartment of a moving vehicle in any place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, if the vehicle does not have a trunk or compartment separate from the passenger compartment, the container is enclosed or encased, and the container is not readily accessible tot he occupants of the vehicle. This section does not apply to a passenger in a chartered vehicle authorized to operate by the Michigan Department of Transportation. A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $100, or both.
5.16b Consumption of Alcoholic Liquor on a Highway, Public Place, or Area Generally Accessible to Motor Vehicles, Including Area Designated for Parking of Vehicles. A person shall not consume alcoholic liquor upon a highway, street, alley, or any public or private property which is open to the general public and which is not licensed to sell alcoholic liquor for consumption on the premises, or within the passenger compartment of a moving vehicle upon a highway or in any place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles in the City of Troy. A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $100, or both.
98.10.05 Person Under 21 – Transport Alcohol in Motor Vehicle. No person under 21 years of age shall not knowingly transport or possess alcoholic liquor in a motor vehicle, unless authorized by law. A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500, or both. 2 points will be added to the person’s driving record.
According to Troy Criminal Code 98.01.02.1 “Alcoholic liquor” includes any spirituous, vinous, malt, or fermented liquor, liquids, and compounds, whether or not medicated, propriety, patented, and by whatever named called, containing 1/2 of 1% or more of alcohol by volume, which are fit for use for beverage purposes.
According to Troy Criminal Code 98.01.03, in addition to the penalties provided above, the court may impose any sanction or remedial measure provided in state law for misdemeanor offenses.
A person who aids, abets, counsels, commands, or procures the commission of the above offenses shall be punished as if that person were the principal. A principal is a person who commits any of the above listed offenses. The word “person” includes any individual, co-partnership, corporation, association, club, joint venture, estate, trust, and any other group or combination acting as a unit, and the individuals constituting such group or unit.
When charged with an driving offense related to alcohol in Troy, Michigan it is important to hire an experienced local criminal lawyer to assist you. An experienced criminal lawyer may be able to help you avoid a criminal conviction and a harsh result, depending upon the circumstances of your case.
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