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In Michigan, driving while under the influence of drugs is illegal, just like driving while intoxicated by alcohol. The Michigan Department of State has outlined that it’s unlawful to operate a vehicle under the influence of any controlled substance, including cannabis and other narcotics. With drugged driving concerns on the rise, it’s essential to understand the legal consequences of such charges and the potential risks involved.
The Risks of Drugged Driving
While the legal consequences of drugged driving can be severe, the risks of accidents are just as concerning. Studies have shown that driving under the influence of drugs can increase the likelihood of accidents, putting both drivers and others on the road at significant risk. If you cause a collision while driving under the influence of drugs, the charges could escalate to felony offenses, carrying the possibility of lengthy prison sentences.
Common Drugged Driving Charges in Michigan
Michigan law provides several ways a driver can be charged with impaired driving due to drugs. These include:
Operating While Visibly Impaired (OWVI)
This charge applies when drugs or alcohol are visibly affecting your ability to drive. If an officer observes signs such as swerving, lack of coordination, or other obvious signs of impairment, you may be charged with OWVI.
Operating While Intoxicated (OWI)
OWI is the most common charge for impaired driving. If your blood alcohol concentration (BAC) is 0.08 or higher, or if drugs in your system substantially affect your ability to drive, you could be charged with OWI. This charge can apply even if drugs are impairing you without obvious signs of intoxication.
Operating with Any Presence of a Schedule I Drug or Cocaine (OWPD)
Michigan’s OWPD law makes it illegal to have any amount of a Schedule I drug (like cannabis) or cocaine in your system, even if you don’t show any signs of impairment. This can be determined by a chemical test, and you could be arrested solely based on the presence of these substances, regardless of how you were driving.
Potential Unfair Outcomes
Because of the OWPD law, you could face charges even if you didn’t appear impaired while driving. An officer may make an arrest based on their subjective belief that you seemed intoxicated, even if your driving wasn’t affected. This situation can lead to unfair legal outcomes, where individuals who are not truly impaired still find themselves facing serious charges.
Growing Concerns About Drugged Driving
As drug use increases, especially with the legalization of marijuana in several states, law enforcement agencies are paying closer attention to drugged driving. Recent reports, such as one from USA Today, highlight the rising number of drugged driving-related fatalities. Although the connection between drugged driving and fatal crashes is not as clear-cut as the one between alcohol and accidents, concerns about drugged driving have led to stricter enforcement and more arrests.
Your Rights and Legal Defense
If you are arrested and charged with drugged driving in Michigan, it’s crucial to understand your rights and take the necessary steps to protect your future. Drugged driving charges can carry severe consequences, including:
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Fines
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License suspension
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Jail time
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Criminal record
It’s essential to make informed decisions about how to handle your case, especially if there is uncertainty or disagreement about your level of impairment.
Protect Your Future with Experienced Legal Help
If you’ve been charged with drugged driving in Michigan, you need an experienced criminal defense attorney to help you navigate the complexities of the case. Manley & Manley is here to guide you through the process, ensuring that your rights are protected and that you receive the best defense possible.
Contact us today for a free case evaluation and learn how we can help you fight your drugged driving charges. Your future depends on the decisions you make now.
