In Michigan You Can Receive the Equivalent of a DUI for Driving with any Marijuana in your Blood: A charge of Operating Under the Influence of Narcotics
Michigan is one of several states with a separate “DUI” statute relating to controlled substances. Because there is no easy measure to create a “legal limit” for controlled substances, it is rational to legislate alcohol separate from other drugs. Thus, the term “under the influence” takes on a new meaning in Michigan.
The Michigan DUI law states that it is illegal to operate a vehicle with any amount of a controlled substance (as defined by statute) in your body. Like most states, marihuana is included in that list.
The Michigan Supreme Court identified that the law isn’t DUI statute and doesn’t require impairment. Instead, it punishes operating a motor vehicle with a controlled substance in your system.
(Read more: Field Sobriety Tests)
As a result, any driver with active THC in his or her system while operating a motor vehicle in the state of Michigan is in violation of the law. Drivers who used marihuana up to 8 hours earlier are subject to arrest under michigan law. If a person uses Marijuana in an “edible” form this number could be more than 24 hours.
(Read more: Driver Responsibility Fees)
The Court’s ruling was strongly influenced by its interpretation of definitions and language posited by the Michigan legislature, and the legislature can amend that language to limit the statue to drivers who are under the influence of a controlled substance.
Even for a DUI first offense, you face serious potential punishments. Depending on the judge you draw—and we know which ones have a history of tough sentencing—jail time is a real possibility.
What’s more, in cities throughout Oakland, Wayne, and Macomb Counties, you’re up against hardened prosecutors and career politicians who are measured by the frequency and severity of their convictions. Especially with drunk drivers.
This is not the time to experiment with self-representation or plead to the charges “just to get it over with.” You need the expertise of a lawyer that specializes in OWI and DUI cases.
At Rudoi Law, we have the OWI (DUI) expertise you need. We understand the criminal system. We know the defense strategies that have won in court. And we understand the judges and prosecutors working in lower michigan today. We’ll give you the tough defense you deserve, all while demystifying a complex process.
What’s more, we understand the needs of our clients. Battling for your future can be emotionally draining. And for many people, a first offense DUI is the only trouble they’ve had with the law. That’s one of the reasons why we work so hard. We believe one mistake shouldn’t mar a lifetime of work or cost you your freedom. If You or a loved one is facing drunk driving charges contact Rudoi Law today.