SB 919 (2025-2026)Michigan — Traffic control: driver license; suspension of a driver license for operating a motor vehicle while under the influence of intoxicating or alcoholic liquor or a controlled substance; require. Amends sections 319b & 319d of 1949 PA 300 (MCL 257.319b & 257.319d) and adds sections 319h & 319i.
Overview
- Purpose: Strengthen and expand driver license sanctions for high-risk driving related to alcohol, drugs, and certain commercial vehicle offenses. Establish new civil procedures (Lucia’s Law) to obtain court-ordered suspensions or restrictions pending criminal proceedings in specific high-risk scenarios, particularly when a death or serious injury results from intoxicated operation.
Key Provisions
1) Section 319b (commercial driver license discipline)
- Immediate suspension or revocation of commercial learner permits or vehicle group designations upon notice of:
- Conviction, bond forfeiture, or civil infraction for relevant violations while operating a commercial vehicle in this or another state.
- Refusal to submit to chemical testing (blood, breath, urine) while operating a commercial motor vehicle.
- Suspension periods (concurrent with other CDL actions) based on violations within 36 months, including:
- 60 days for certain serious violations or violations of motor carrier regulations.
- 120 days for three serious violations or two specified violations within 36 months.
- 1 year for various CDL-related offenses (e.g., leaving the scene, certain felonies involving a vehicle, refusion of chemical test, repeated suspensions, fatality-causing operations).
- 3 years for offenses involving hazardous materials or certain fatality-causing scenarios.
- Life revocation eligibility after multiple violations, with 10-year minimum reissue period and Secretary of State approval.
- Provisions for denial, cancellation, or revocation of hazardous materials endorsements upon federal security determinations; such action remains until federal notice reverses risk assessment.
- Provisions to apply CDL actions even if an operator’s license is suspended or denied under other sections, with cross-reference to actions in other jurisdictions.
- Certain definitions and counting rules (e.g., “serious traffic violation,” “felony in which a commercial motor vehicle was used”), and effective date guidance (only violations after 1990 are considered for conditions, and incident-to-incident counting for certain items).
2) Section 319d (driving under influence thresholds and out-of-service orders)
- Prohibits operating a commercial vehicle with alcohol content of 0.015 g/100 mL blood, 0.015 g/210 L breath, or 0.015 g/67 mL urine.
- Peace officers must order immediate out-of-service for 24 hours if reasonable cause to believe the above alcohol level exists during commercial vehicle operation, including cases involving certain felonies or fatalities.
- Out-of-service order is effective immediately; driver may be reinstated only by a judge at arraignment/hearing (subject to 319h/319i processes).
- Refusal to submit to a chemical test also triggers a 24-hour out-of-service order.
- Violating out-of-service provisions is a misdemeanor (max 90 days imprisonment, $100 fine, or both).
3) Section 319h (Lucia’s Law) — Civil action to suspend/restrict licenses pending criminal proceedings
- Establishes a civil action allowing prosecutors, law enforcement, or agencies to seek an order suspending or restricting a driver’s license if the driver operated under the influence resulting in death or serious impairment, and prior separate incidents exist.
- Action may be filed regardless of criminal charges status; requires verified complaint with probable cause showing:
- The incident occurred on public road.
- The driver was under the influence.
- The operation caused death or serious impairment.
- Confidentiality for victim or petitioner contact information; the act designated as Lucia’s Law.
4) Section 319i — Court hearing timeline and relief options
- Courts must hold a hearing within 14 days of the incident or as soon as practicable; prioritize expedited handling.
- At the hearing, probable cause may lead to orders such as:
- Suspension or restriction of driving privileges pending criminal resolution.
- Driving restrictions (hours, geographic area, purposes).
- Requirements for treatment/monitoring as a condition of restricted driving.
- Ignition interlock device requirements where applicable.
- Civil nature; does not bar additional sanctions under the transportation code.
- Court may modify/terminate orders for good cause; hearings may be via videoconference.
Effective Date
- Enacting section: bill takes effect 90 days after enactment.
Potential Impact
- Increases CDL-related penalties and accelerates license actions for high-risk operations.
- Expands out-of-service orders for 0.015+ BAC while operating commercial vehicles.
- Creates a civil mechanism (Lucia’s Law) to obtain swift license suspensions/restrictions in fatal or severely injurious cases, potentially before criminal adjudication.
- Broadens federal-compliance considerations for hazardous materials endorsements.
- Aims to improve highway safety by deterring intoxicated or impaired operation of commercial and noncommercial vehicles, while providing formal channels for timely interventions.
