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

September 10, 2015

Driving on Drugs Lawyer – Michigan

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

The penalties for driving on drugs, like drinking and driving, are very serious. The penalty for a first offense driving on drugs is up to 3 months 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 driving on drugs.

If it is alleged that you are under the influence of a scheduled 1 or 2 controlled substance like 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. Prosecution must also prove that you were operating a motor vehicle on a public road.

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

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

Defending Driving on Drugs in Michigan

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

If only a metabolite is in your system, meaning that the active drug is not in your system then you case should be dismissed prior to going to trial.

The police must have a legal reason to come into contact with you and if they do not then your case should be dismissed.

The police must also have a legal reason to take your blood and if they do not then your case must be dismissed.