4.36Operating a Motorboat While Under the Influence, With an Unlawful Bodily Alcohol Content, With Any Amount of Certain Controlled Substances, or While Visibly Impaired Causing Death
“A person who operates a motorboat on the waters of this state in violation of [MCL 324.80176(1) or MCL 324.80176(3)] and by the operation of that motorboat causes the death of another person is guilty of a felony[.]” MCL 324.80176(4).
“A person may be charged with and convicted of [MCL 324.80176(4)] for each death arising out of the same criminal transaction, and the court may order the terms of imprisonment to be served consecutively to each other[.]” MCL 769.36(1)(c).
“Before accepting a plea of guilty or nolo contendere under [MCL 324.80176], . . . 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 sanctions that may be imposed will be based upon the boating record maintained by the secretary of state pursuant to [MCL 324.80130] or other evidence of a prior conviction as provided in [MCL 324.80179].” MCL 324.80185(1).
“Before imposing sentence, other than court-ordered operating sanctions, for a violation of [MCL 324.80176(4)] . . . 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 or treatment programs.” MCL 324.80185(2). “As part of the sentence, the court may order the person to participate in and successfully complete 1 or more appropriate rehabilitative programs.” Id. “The person shall pay for the costs of the screening, assessment, and rehabilitative services.” Id.
A person who violates MCL 324.80176(4) is guilty of a felony punishable by:
•imprisonment for not more than 15 years;
•fine of not less than $2,500 or more than $10,000; or
•both. MCL 324.80176(4).
“As part of the sentence for a conviction of [a violation or attempted violation of MCL 324.80176(4)], 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)(f). See also MCL 324.80177(3) (authorizing the court to order the person to pay the costs of prosecution).
Only applicable sanctions are listed below; accordingly, if a particular sanction is omitted from this section, it is not applicable to this offense.
•Mandatory order, without expiration, not to operate a motorboat. See MCL 324.80186(a). See Section 4.10 for more information on orders not to operate a motorboat.