We agree that the trial court erred, but do not believe that resentencing is required. The prosecutor relies on this Court's opinion in People v Jerovsek, 172 Mich. App. 489; 432 N.W.2d 350 (1988), wherein this Court concluded that a prior misdemeanor conviction of a drunken-driving-related offense could be scored as a prior misdemeanor conviction because it was related to the abuse of alcohol and alcohol is a drug. Defendant, on the other hand, relies upon this Court's decision in People v Reyna, 184 Mich. App. 626; 459 N.W.2d 75 (1990), wherein this Court rejected the Jerovsek analysis and concluded that the drug-crime group under the sentencing guidelines involved only the drug offenses collected under the Public Health Code criminalizing the possession, delivery, or use of various controlled substances.
This issue is the subject of a conflict between panels of this Court. In People v Jerovsek, 172 Mich. App. 489; 432 N.W.2d 350 (1988), this Court concluded that, because alcohol is a drug, drunken-driving convictions relate to the drug-crime group. We reached an opposite conclusion in People v Reyna, 184 Mich. App. 626; 459 N.W.2d 75 (1990), concluding that a drunken-driving offense cannot be scored as a misdemeanor under the guidelines.
We disagree. The essence of defendant's argument is that OUIL is not one of the crimes listed as a "misdemeanor" for purposes of scoring prior convictions under the sentencing guidelines. The people respond by arguing that OUIL is a "drug" offense and thus may be scored under the guidelines, citing People v Jerovsek, 172 Mich. App. 489; 432 N.W.2d 350 (1988). In Jerovsek, the Court considered whether a prior conviction for OUIL could be scored under PRV 6 (prior misdemeanor convictions).
orowski, 190 Mich. App. 165, 173; 475 N.W.2d 861 (1991), People v. Tyler, 188 Mich. App. 83, 86; 468 N.W.2d 537 (1991), People v. Warner, 190 Mich. App. 26; 475 N.W.2d 397 (1991), People v. Williams, 191 Mich. App. 269, 278-279; 477 N.W.2d 877 (1991), People v. Williams, 188 Mich. App. 54, 60; 469 N.W.2d 4 (1991), People v. Milton, 186 Mich. App. 574, 577-578; 465 N.W.2d 371 (1990), People v. Parlor, 184 Mich. App. 235, 236; 457 N.W.2d 55 (1990), People v. Payton, 186 Mich. App. 387, 388; 464 N.W.2d 907 (1990), People v. Reyna, 184 Mich. App. 626, 628-634; 459 N.W.2d 75 (1990), People v. Szczesniak, 186 Mich. App. 492, 493-494; 465 N.W.2d 22 (1990), People v. Puckett, 178 Mich. App. 224, 227-229; 443 N.W.2d 470 (1989), People v. Reddish, 181 Mich. App. 625, 628-630; 450 N.W.2d 16 (1989), People v. Anderson, 166 Mich. App. 455, 482; 421 N.W.2d 200 (1988), People v. Brooks, 169 Mich. App. 360, 365-366; 425 N.W.2d 555 (1988), People v. Day, 169 Mich. App. 516, 517; 426 N.W.2d 415 (1988), People v. Jerovsek, 172 Mich. App. 489, 490-491; 432 N.W.2d 350 (1988), People v. McCracken, 172 Mich. App. 94, 103-106; 431 N.W.2d 840 (1988), People v. Phelon, 173 Mich. App. 157, 158-159; 433 N.W.2d 384 (1988), People v. Roberson, 167 Mich. App. 501, 519; 423 N.W.2d 245 (1988), People v. Tarket, 165 Mich. App. 650, 652-654; 419 N.W.2d 41 (1988), People v. Boucher, 165 Mich. App. 361, 362-363; 418 N.W.2d 464 (1987), People v. Buckles, 155 Mich. App. 1, 8-9; 399 N.W.2d 421 (1986), People v. Eggleston, 148 Mich. App. 494, 504; 384 N.W.2d 811 (1986), People v. Garvie, 148 Mich. App. 444, 452-454; 384 N.W.2d 796 (1986), People v. Green, 152 Mich. App. 16, 18; 391 N.W.2d 507 (1986), People v. Kisielewicz, 156 Mich. App. 724, 726-728; 402 N.W.2d 497 (1986), People v. Walker, 155 Mich. App. 247, 248-249; 399 N.W.2d 489 (1986), People v. Whetro, 152 Mich. App. 524, 526-529; 394 N.W.2d 3 (1986), People v. Wiggins, 151 Mich. App. 622, 626-627; 390 N.W.2d 740 (1986), People v. Yarbough, 148 Mich. App. 139, 145-148; 384 N.W.2d 107 (1986), Pe
This Court's split of opinion with regard to that issue was resolved in People v Anway (After Remand), 189 Mich. App. 706; 473 N.W.2d 804 (1991), which concluded that OUIL, a Vehicle Code violation, was not so similar to drug offenses under the Public Health Code as to warrant inclusion as a drug-related offense. Compare People v Jerovsek, 172 Mich. App. 489; 432 N.W.2d 350 (1988) (OUIL includable as drug offense), with People v Reyna, 184 Mich. App. 626; 459 N.W.2d 75 (1990) (OUIL not includable as a drug offense). However, as noted above, the sentencing guidelines allow a sentencing judge to determine whether other felonies falling outside the enumerated crime groups are similar to low-severity felony convictions. If the judge determines that they are similar, they are to be included.