9.5Permitting or Authorizing Certain Individuals to Drive—Section 625(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 on a highway or other place open to the general public or generally accessible to motor vehicles,1 including an area designated for the parking of motor vehicles, within [Michigan] by a person if any of the following apply:
(a) The person is under the influence of alcoholic liquor, a controlled substance, other intoxicating substance, or a combination of alcoholic liquor, a controlled substance, or other intoxicating 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 5 years after the state treasurer publishes a certification under [MCL 257.625(28)], 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 other intoxicating substance, or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance.” MCL 257.625(2).
“A person who is convicted of violating [MCL 257.625(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 [MCL 257.625(4)], a felony punishable by imprisonment for not more 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 [MCL 257.625(5)], a felony punishable by imprisonment for not more than 2 years or a fine of not less than $1,000.00 ore more than $5,000.00, or both.” MCL 257.625(10).
1 In the context of MCL 257.625(1), the Court held that the phrase generally accessible “means ‘usually capable of being reached[,]’” and MCL 257.625(1) therefore “prohibits an intoxicated person from operating a vehicle in a place that is usually capable of being reached by self-propelled vehicles[,]” which may “encompass[] [a] defendant’s private driveway.” People v Rea, 500 Mich 422, 430-431, 436 (2017). See Section 9.4(E)(1) for further discussion of the issue.