DUI INVOLVING DRUGS

DUI INVOLVING DRUGS

HOW IS A DUI INVOLVING DRUGS DIFFERENT FROM A REGULAR DUI?

A DUI involving drugs is treated and punished similarly to regular DUIs in the state of Michigan. DUIs involving drugs can be charged under the same statutes as DUIs that involve alcohol. One DUI charge that is specific to drugs is operating with the presence of a controlled substance (OWPCS). Under an OWPCS, it is unlawful to operate a motor vehicle with any amount of any schedule 1 drug or any amount of cocaine (a schedule 2 drug) in your bloodstream (system). This law does not require you to actually be under the influence of the drug nor the drug impair your ability to drive in any way. It simply makes it illegal to have any amount of these illegal substances in your system while you drive. 

VARIOUS DUI CHARGES INVOLVING DRUGS

Operating with the Presence of a Controlled Substance (OWPCS)

Up to 93-days in jail upon conviction, along with a 30-day suspension of your driver’s license followed by a 150-day restricted license which only allows you to drive to work or school. Your car is also subject to being immobilized. You will also be assessed 6 points on your driver’s license and face additional fines, costs, and other sanctions by the court.


Operating While Intoxicated (OWI)

Up to 93-days in jail upon conviction, along with a 30-day suspension of your driver’s license followed by a 150-day restricted license which only allows you to drive to work or school. You will also be assessed 6 points on your driver’s license and face additional fines, costs, and other sanctions by the court.


Operating While Visibly Impaired (OWVI)

Up to 93-days in jail upon conviction, along with 180 days of license restrictions which will only allow you to drive to work or school. You will be assessed 4 points on your driver’s license and face additional fines, costs, and other sanctions by the court.

WHAT IS A "DRUG RECOGNITION EXPERT"?

A Drug Recognition Expert (DRE) is a police officer who has completed training that is specialized to help in recognizing impairment in drivers under the influence of drugs other than alcohol. The DRE program is established through requirements approved by the International Association of Chiefs of Police (IACP) and the National Highway Traffic Safety Administration (NHTSA). The term “expert” here is subject to much controversy, as for an officer to testify as an “expert,” he or she would need to be approved by the court to offer such testimony. A DRE sets out to determine:

 

  • If the driver is impaired? If YES, then
  • If the driver can safely operate a vehicle? If NO, then
  • If the impairment is drug-related? If YES, then
  • What types of drugs are involved?


In many cases, the DRE is not the arresting officer. Typically, an officer will arrest someone they believe to be under the influence of drugs but will have an officer who has completed DRE training to conduct DRE investigations on that individual. If the arresting officer themselves is a DRE, then that officer may conduct their investigation before an arrest.

12-STEP DRUG RECOGNITION PROCESS

When officers who are trained in drug recognition evaluations try to determine whether an individual is a drug user and is impaired, they follow a 12-step process:

 

  1. Breath Alcohol Test
  2. Interview of the Arresting Officer
  3. Preliminary Examination and First Pulse Check
  4. Eye Examination
  5. Divided Attention Field Sobriety Tests
  6. Vital Signs and Second Pulse Check
  7. Dark Room Examinations
  8. Muscle Tone Examination
  9. Check for Injection Sites and Third Pulse Check
  10. Subject Statements and Other Observations
  11. Analysis and Opinions of the Evaluator
  12. Toxicology Examination

 

This evaluation is also known as a Drug Influence Evaluation (DIE) and was first developed by police officers from the Los Angeles Police Department (LAPD) in the early 1970s. The LAPD was prompted to create the first Drug Recognition Expert course. After the LAPD collaborated with the National Highway Traffic Safety Administration (NHTSA), these evaluations became part of Drug Recognition Expert training and curriculum across the country, and into Michigan. 

THE ROLE OF MARIJUANA IN DUI CASES

Since marijuana still is federally classified as a Schedule 1 drug, it is illegal to drive with marijuana in your system. Under a recent Michigan Supreme Court decision, a cannabis metabolite is not a Schedule 1 substance, so it is not illegal to have it in your system while driving. As Michigan has raced through the legalization of medical marijuana and now recreational marijuana by popular vote; the laws affected by these changes have slowly changed in response. Before marijuana was legalized for medical use, there was no legitimate reason an individual could give as to why marijuana would be found in their bloodstream. Now, an officer must not only prove the presence of THC in your system, but they must also prove that you were driving under the influence of marijuana in certain cases. The role of marijuana in DUI cases has and will continue to evolve as research and development of products related to the detection of marijuana become a bigger focus. One example of this is a recent Michigan roadside drug testing pilot program that swabs the inside of people’s mouths for saliva samples to test in a roadside drug-testing machine that is supposed to determine what drugs are present.

WHAT IF I HAVE A MEDICAL MARIJUANA CARD?

Medical marijuana cardholders are immune from being charged under the zero-tolerance provisions of an OWPCS. Having a medical marijuana card allows for patients to drive with some level of marijuana in their system, forcing police and prosecutors to have to prove actual impairment in order to properly convict someone of a DUI-related offense. 

HOW EAST LANSING DUI CAN HELP

The attorneys at East Lansing DUI bring significant experience and legal knowledge with them to each and every DUI case they defend. We lean on our past experience in dealing with DUI cases involving drugs to help each client find success. A case assessment with one of our attorneys will give you a full understanding of your DUI case, along with its strengths and weaknesses. You will come away with a clear idea of how to best approach and defend your DUI case after meeting with one of our attorneys at East Lansing DUI.

EAST LANSING DUI FREE CONSULTATIONS

At East Lansing DUI, we understand that this might be your first run-in with the law. It is normal to have some questions and worry about what the outcome of your case might be. Because of this, we are proud to offer free consultations to anyone facing a DUI charge. Simply call us at (517) 292-7000 or contact us online to arrange a consultation with one of our attorneys. It could be the call that saves you from the consequences of a DUI conviction.

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