Driving on Drugs Lawyer – Michigan - Attorney Aaron J. Boria

March 6, 2026

Driving on Drugs Lawyer – Michigan

Driving on drugs in Michigan is very similar to drinking and driving offenses. The elements of the offenses differ slightly, but the science involved is significantly different, which means the defenses and legal challenges are different as well.

The penalties for driving on drugs, like drinking and driving, are very serious. The penalty for a first-offense driving on drugs charge is up to 93 days in jail, hefty fines, and the loss of your ability to drive.

Driving on Drugs Charges – Michigan

There are two ways a prosecutor can charge you with driving on drugs in Michigan.

If it is alleged that you were under the influence of a Schedule 1 or Schedule 2 controlled substance, such as cocaine, then the prosecution must prove the presence of the drug in your body. Presence means a measurable amount of an active drug in your system. The prosecution must also prove that you were operating a motor vehicle on a public road or a road generally accessible to the public.

If the prosecution cannot prove any of these elements beyond a reasonable doubt, then you are not guilty.

If it is alleged that you were driving while using a drug that was prescribed to you, including marijuana if you are a medical marijuana cardholder, then the prosecution must prove that you were under the influence of that drug, meaning the drug was having an impact on your ability to drive. This means that in a case where a drug is prescribed, the prosecution must do more than simply show the presence of it in your system.

Defending Driving on Drugs in Michigan

If you are a medical marijuana cardholder, then you may have a defense to the presence charge and can create a difficult case for the prosecutor if you are charged with driving under the influence. If the prosecution cannot meet its burden, then you are not guilty.

If only a metabolite is in your system—meaning the active drug is not present—then your case should be dismissed prior to trial.

The police must also have a legal reason to stop you while you’re driving, and if they do not have a legal reason, your case should be dismissed.

In addition, the police must have a legal basis to obtain your blood sample, and if they do not, the evidence may be suppressed and your case may be dismissed.