Operating with the Presence of Drugs Penalties

Operating with the Presence of Drugs (OWPD) is a fairly new charge implemented in Michigan. It is the prosecutor’s burden to prove that a person was operating a vehicle with the presence of drugs. With this charge, the prosecutor does not need to prove that “schedule 1” drugs caused impairment but only that they were present in the driver’s blood or urine. “Schedule 1” drugs include Marijuana and are known to be zero tolerance drugs where if any amount is found in a person’s body after driving, they can be found guilty.

For more information on the offense of operating with the presence of a controlled substance, including defenses, click here.

Here are the following penalties for OWPD:

1st Offense (no prior related crime)

This is a misdemeanor charge and includes 1 or more of the following:

  1. Up to 93 days in jail
  2. $300 in fines
  3. up to 360 hours of community service
  4. Possible random drug and/or alcohol testing

In terms of driver’s license and driving privileges:

  1. license suspended for 30 days with additional 150 days restricted driving privileges
  2. 6 points on your record
  3. Possible court-ordered ignition interlock
  4. Possible vehicle immobilization for up to 180 days

 

2nd Offense (or any prior related crime within 7 years)

1. This is a misdemeanor charge and includes $200-$1000 in fines AND one or more of the following:

  1. 5 days to 1 year jail time
  2. 30-90 days community service

2. Possible random drug and/or alcohol testing

In terms of driver’s license and driving privileges:

  1. Minimum 1 year revocation of driver’s license
  2. 6 points on driving record
  3. Possible vehicle forfeiture
  4. If the vehicle has not been forfeited, immobilization of vehicle for 90-180 days

 

3rd Offense (or 2 prior related crimes within 10 years)

1. This is a felony charge and includes $500-$5000 in fines AND either of the following:

a. 1 to 5 years in prison

b. Probation with 30 days to 1 year in jail AND 60-180 days of community service

In terms of driver’s license and driving privileges:

1. Minimum 1 to 5 years revocation of driver’s license

2. 6 points on driving record

3. Possible vehicle forfeiture

4. If the vehicle has not been forfeited, immobilization of vehicle for 1 to 3 years

 

Possible DEFENSES for Operating with the Presence of Drugs are:

1. If a Medical Marijuana card holder, then prosecutor may have to show impairment or intoxication from drug.

2. Person charged was not actually driving the vehicle.

3. Improper stop of vehicle.

If you have been charged with Operating with the Presence of Drugs please call Aaron J. Boria, PLLC, at (734) 453-780

 

Aaron Boria - I am a motivated Michigan criminal defense lawyer located in Metro Detroit. Practicing law is my passion. Helping others is motivating and rewarding. Feel free to contact me anytime!

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