DUI charges are not just limited to alcohol. Controlled substances, prescription drugs, and other intoxicating substances could lead to intoxicated driving charges under Michigan law. When it comes to drugs, the charge depends upon the type of substance consumed and the level of impairment.
A steadfast Wayne County DUI drug lawyer can assess your situation and determine whether the charges against you are legally valid. An aggressive defense attorney could identify defenses available and fight against criminal charges on your behalf. Getting legal advice when facing drug impairment driving charges may be the first step to mitigating serious penalties.
Charges of Operating With the Presence of DrugsMichigan has adopted the same drug scheduling system as set forth in the Controlled Substances Act. This federal law classifies both legal and illegal drugs according to their risk of misuse and accepted medical usages.
Under Michigan Compiled Laws § 257.625(8), individuals with any amount of a Schedule I drug or cocaine, a Schedule II drug, in their systems could face operating with the presence of drugs (OWPD) charges. Common types of Schedule I drugs often cited in these cases include:
OWPD is a misdemeanor under Wayne County law. Anyone with any traceable amount of a qualified drug in their system may face OWPD charges, regardless of their level of impairment. As a knowledgeable Wayne County DUI drug attorney may advise, drivers could still face charges of operating a vehicle while intoxicated by drugs, even if the drug was not taken immediately prior to driving.
Operating While Intoxicated by DrugsAs many people understand, it is unlawful to operate motor vehicles while intoxicated. Operating while intoxicated (OWI), as contained in Mich. Comp. Laws § 257.625(1), includes intoxication by alcohol, controlled substances, intoxicating substance, or a combination of the three. However, this portion of the statute refers to the consumption of drugs other than Schedule I controlled substances and cocaine.
There is another drugged driving violation contained within Mich. Comp. Laws § 257.625(3). Unlike OWI, operating while visibly impaired (OWVI) by an intoxicating substance requires proof of visible impairment for a conviction. Regardless of the charge, drugged driving lawyers in Wayne County can help defend you.
Potential Penalties for Wayne County Intoxication Driving ViolationsThe penalties for an OWI, OWVI, and OWPD conviction are similar. The penalties for a first-time misdemeanor may include:
Individuals convicted of a first-time offense also may be required to install an ignition interlock device and have their vehicles immobilized or seized. Second, third, and subsequent convictions typically carry the same penalties, but to a harsher degree.
Seek the Advice of a Wayne County DUI Drug AttorneyEven a first offense drug DUI charge is serious. The penalties for a conviction could affect your ability to attend work or school and cause you significant financial and social damage. If you are facing drug intoxication driving charges, a skilled Wayne County DUI drug lawyer could provide the assistance you need.
Although it may be a misdemeanor conviction, drugged driving accusations still pose a threat to your future. Getting legal advice in this situation can be essential to resolving your charges in a favorable manner. Schedule an initial consultation and allow an attorney to begin building your defense.