Mich. Comp. Laws » Michigan Compiled Laws / Chapter 777 / Act 175 of 1927
Michigan Compiled Laws

Mich. Comp. Laws § 777.48 (2026)

Operator ability affected by alcohol or drugs; offense variable 18; scoring; "any bodily alcohol content" defined.

✓ current as of July 2026
Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


777.48 Operator ability affected by alcohol or drugs; offense variable 18; scoring; "any bodily alcohol content" defined.

Sec. 48.

    (1) Offense variable 18 is operator ability affected by alcohol or drugs. Score offense variable 18 by determining which of the following subdivisions apply and by assigning the number of points attributable to the applicable subdivision that has the highest number of points:

    

    (a) The offender operated a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive when his or her bodily alcohol content was 0.20 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine

    20 points

    (b) The offender operated a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive when his or her bodily alcohol content was 0.15 grams or more but less than 0.20 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine

    15 points

    (c) The offender operated a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive while the offender was under the influence of alcoholic or intoxicating liquor, a controlled substance, or a combination of alcoholic or intoxicating liquor and a controlled substance; or while the offender's body contained 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 a controlled substance described in section 7214(a)(iv) of the public health code, 1978 PA 368, MCL 333.7214; or while the offender had an alcohol content of 0.08 grams or more but less than 0.15 grams 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 section 625(28) of the Michigan vehicle code, 1949 PA 300, MCL 257.625, the offender had an alcohol content of 0.10 grams or more but less than 0.15 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine

    10 points

    (d) The offender operated a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive while he or she was visibly impaired by the use of alcoholic or intoxicating liquor or a controlled substance or a combination of alcoholic or intoxicating liquor and a controlled substance, or was less than 21 years of age and had any bodily alcohol content

    5 points

    (e) The offender's ability to operate a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive was not affected by an alcoholic or intoxicating liquor or a controlled substance or a combination of alcoholic or intoxicating liquor and a controlled substance

    0 points

    (2) As used in this section, "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 5 years after the state treasurer publishes a certification under section 625(28) of the Michigan vehicle code, 1949 PA 300, MCL 257.625, 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 an individual's body resulting from the consumption of alcoholic or intoxicating liquor other than the consumption of alcoholic or intoxicating liquor as part of a generally recognized religious service or ceremony.

    

History: Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 1999, Act 227, Imd. Eff. Dec. 28, 1999 ;-- Am. 2000, Act 279, Eff. Oct. 1, 2000 ;-- Am. 2003, Act 134, Eff. Sept. 30, 2003 ;-- Am. 2013, Act 24, Imd. Eff. May 9, 2013 ;-- Am. 2017, Act 152, Eff. Feb. 6, 2018 ;-- Am. 2021, Act 81, Eff. Nov. 21, 2021 ;-- Am. 2021, Act 84, Imd. Eff. Sept. 24, 2021

Notes of Decisions
Cited in 20 cases (7 in the last 5 years), 2014–2026 · leading case: People of Michigan v. Sade Nicole Keith (Mich. Ct. App. 2025).
Sort: Relevance Newest Treatment
People of Michigan v. David Richard Schultz Jr (Mich. Ct. App. 2016). · cites it 3× “20 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.”
People of Michigan v. Sade Nicole Keith (Mich. Ct. App. 2025). · cites it 3× “She also argues that the court erroneously assessed 10 points for OV 9, MCL 777.”
People of Michigan v. Russell Humes (Mich. Ct. App. 2017). · cites it 2× “MCL 777.48(1). The variable applies to the offense categories of crimes against a person and crimes against public safety, if the offense or attempted offense involved the operation of a vehicle.”
People of Michigan v. Russell Humes (Mich. Ct. App. 2017). · cites it 2× “MCL 777.48(1). The variable applies to the offense categories of crimes against a person and crimes against public safety, if the offense or attempted offense involved the operation of a vehicle.”
People of Michigan v. Justin Paul Coble (Mich. Ct. App. 2025). · cites it 2× “But, the trial court must assign 15 points when the offender’s “bodily alcohol content was 0.”
People of Michigan v. Ezra Henry Phillips (Mich. Ct. App. 2025). · cites it 2× “” MCL 777.48. According to MCL 777.22(1), OV 18 is also to be scored for an offense against a person “if the offense or attempted offense involves the operation of a vehicle .”
People of Michigan v. Peter Timothy O'Brien (Mich. Ct. App. 2026). · cites it 2× “47 (degree of negligence exhibited); and 15 points for OV 18, MCL 777.48 (operator ability affected by alcohol of drugs).”
People of Michigan v. Johnnie Derek Rogers (Mich. Ct. App. 2017). “MCL 777.48(1)(b). Defendant’s excessive speeds, reckless driving, and specific level of intoxication were therefore already considered under the four OVs that were scored to reach defendant’s total OV score of 80 points.”
People of Michigan v. Johnnie Derek Rogers (Mich. Ct. App. 2017). “MCL 777.48(1)(b). Defendant’s excessive speeds, reckless driving, and specific level of intoxication were therefore already considered under the four OVs that were scored to reach defendant’s total OV score of 80 points.”
People of Michigan v. John Coryell Kelsey II (Mich. Ct. App. 2018). “Brian testified that he and defendant smoked marijuana in the parking lot of the Dam Site Inn before defendant got into his white SUV and left. Defendant thereafter engaged the police in a high-speed chase in which Deputy Whitaker was killed.”
People of Michigan v. John Coryell Kelsey II (Mich. Ct. App. 2018). “Brian testified that he and defendant smoked marijuana in the parking lot of the Dam Site Inn before defendant got into his white SUV and left. Defendant thereafter engaged the police in a high-speed chase in which Deputy Whitaker was killed.”
People of Michigan v. Walter Patrick Jones (Mich. Ct. App. 2018). “MCL 777.48(1)(a). The evidence clearly supports that defendant’s BAC was 0.”
Show all 20 citing cases →
— Mich. Comp. Laws § 777.48(1) — 3 cases
People of Michigan v. David Richard Schultz Jr (Mich. Ct. App. 2016). “20 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.”
People of Michigan v. Russell Humes (Mich. Ct. App. 2017). “MCL 777.48(1). The variable applies to the offense categories of crimes against a person and crimes against public safety, if the offense or attempted offense involved the operation of a vehicle.”
People of Michigan v. Russell Humes (Mich. Ct. App. 2017). “MCL 777.48(1). The variable applies to the offense categories of crimes against a person and crimes against public safety, if the offense or attempted offense involved the operation of a vehicle.”
— Mich. Comp. Laws § 777.48(1)(a) — 5 cases
People of Michigan v. Walter Patrick Jones (Mich. Ct. App. 2018). “MCL 777.48(1)(a). The evidence clearly supports that defendant’s BAC was 0.”
People of Michigan v. Mario Javier Velasquez (Mich. Ct. App. 2024).
People of Michigan v. Justin Paul Coble (Mich. Ct. App. 2025). “But, the trial court must assign 15 points when the offender’s “bodily alcohol content was 0.”
People of Michigan v. Sade Nicole Keith (Mich. Ct. App. 2025). “She also argues that the court erroneously assessed 10 points for OV 9, MCL 777.”
People of Michigan v. Michael Jerome Carroll (Mich. Ct. App. 2014).
— Mich. Comp. Laws § 777.48(1)(b) — 5 cases
People of Michigan v. David Richard Schultz Jr (Mich. Ct. App. 2016). “20 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.”
People of Michigan v. Johnnie Derek Rogers (Mich. Ct. App. 2017). “MCL 777.48(1)(b). Defendant’s excessive speeds, reckless driving, and specific level of intoxication were therefore already considered under the four OVs that were scored to reach defendant’s total OV score of 80 points.”
People of Michigan v. Johnnie Derek Rogers (Mich. Ct. App. 2017). “MCL 777.48(1)(b). Defendant’s excessive speeds, reckless driving, and specific level of intoxication were therefore already considered under the four OVs that were scored to reach defendant’s total OV score of 80 points.”
People of Michigan v. Ezra Henry Phillips (Mich. Ct. App. 2025). “” MCL 777.48. According to MCL 777.22(1), OV 18 is also to be scored for an offense against a person “if the offense or attempted offense involves the operation of a vehicle .”
People of Michigan v. Peter Timothy O'Brien (Mich. Ct. App. 2026). “47 (degree of negligence exhibited); and 15 points for OV 18, MCL 777.48 (operator ability affected by alcohol of drugs).”
— Mich. Comp. Laws § 777.48(1)(c) — 7 cases
People of Michigan v. David Richard Schultz Jr (Mich. Ct. App. 2016). “20 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.”
People of Michigan v. John Coryell Kelsey II (Mich. Ct. App. 2018). “Brian testified that he and defendant smoked marijuana in the parking lot of the Dam Site Inn before defendant got into his white SUV and left. Defendant thereafter engaged the police in a high-speed chase in which Deputy Whitaker was killed.”
People of Michigan v. John Coryell Kelsey II (Mich. Ct. App. 2018). “Brian testified that he and defendant smoked marijuana in the parking lot of the Dam Site Inn before defendant got into his white SUV and left. Defendant thereafter engaged the police in a high-speed chase in which Deputy Whitaker was killed.”
People of Michigan v. Bradley Axel Lafferty (Mich. Ct. App. 2019).
People of Michigan v. Douglas James Crystal Jr (Mich. Ct. App. 2020).
— Mich. Comp. Laws § 777.48(1)(d) — 2 cases
People of Michigan v. Russell Humes (Mich. Ct. App. 2017). “MCL 777.48(1). The variable applies to the offense categories of crimes against a person and crimes against public safety, if the offense or attempted offense involved the operation of a vehicle.”
People of Michigan v. Russell Humes (Mich. Ct. App. 2017). “MCL 777.48(1). The variable applies to the offense categories of crimes against a person and crimes against public safety, if the offense or attempted offense involved the operation of a vehicle.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.