Michigan Lawyers Defending Clients Accused of Operating While Intoxicated or Impaired by Drugs

The use of both illegal street drugs and legally prescribed drugs in our society is commonplace. Generally speaking most street drugs and many legally prescribed drugs for pain, anxiety, depression, attention deficit disorders, sleep disorders and other ailments are defined as controlled substances under both federal and state law. Whether used illegally, or with a valid prescription, the use of controlled substances can significantly impact one’s ability to operate a motor vehicle safely. Accordingly, in Michigan operating a motor vehicle while under the influence of controlled substances (OUID) or while visibly impaired by drugs (OWVI-Drugs) are crimes punishable under the same law and with the same penalties are though the person were under the influence or visibly impaired by alcohol (except that in a 1^st offense OWVI-Drugs case license sanctions are more harsh than for alcohol.) This is true because under our statutes “Operating While Intoxicated” is defined as being under the influence of alcoholic liquor and/or a controlled substance. Similarly the OWVI statute specifically prohibits operating a vehicle while visibly impaired by intoxicating legal and/or a controlled substance..

Operating With the Presence of Drugs (OWPD)

In addition to the crimes of Operating While Intoxicated by Drugs (OWID) and Operating While Visibly Impaired by Drugs (OUVI-Drugs) Michigan has an additional crime prohibiting operating a motor vehicle with any presence of a Schedule I controlled substance (generally drugs with no recognized medical use and a high abuse potential) cocaine, or marijuana. A person can be convicted of this crime (OWPD) if any bodily presence of these drugs is found regardless of whether one’s ability to drive is impaired or under the influence. This offense is punishable the same as a conviction for Operating While Intoxicated.

Medical Marijuana

Effective December 2008 Michigan voters have legalized the medical use of marijuana. This is a new area of the law and it is unclear how the medical marijuana law will affect individuals legally authorized to use marijuana if they are pulled over by the police while driving.

The attorneys at our law firm lecture regularly to other lawyers at Continuing Legal Education seminars on updates and changes in criminal defense. We have a clear understanding of driving under the influence laws in Michigan. Let us protect your future — contact us today for a convenient consultation.

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Our law firm's attorneys are well-prepared to defend you against any allegation of Operating a Motor Vehicle under the influence of drugs. If possible we will fight to have the charges dismissed or reduced. Contact us today and learn the benefits of having an experienced criminal defense team on your side.