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Lapeer County Marijuana DUI Lawyer

While The Michigan Legislature decriminalized small amounts of marijuana for recreational purposes and legalized medical marijuana, driving under the influence of marijuana remains illegal. Operating motor vehicles with marijuana in your system could lead to a DUI charge and serious penalties.

A Lapeer County marijuana DUI lawyer could educate you about relevant laws and help you determine the different options to positively resolve your case. An aggressive DUI attorney can devise a strategy to defend against charges in these situations. After a detailed case review, an attorney can work explain the charges you face and begin work to mitigate the potential penalties.

Impairment Driving Laws in Lapeer County

Marijuana legislation does not make it legal to drive with the drug in your body. Driving after having ingested marijuana may result in misdemeanor charges, as marijuana remains a Schedule I controlled substance under federal law. Drivers who operate a motor vehicle with any trace of a Schedule I controlled substance in their system violate Michigan Compiled Laws § 257.625(8). Operating with the presence of drugs in one’s system, which is referred to as an OWPD, is a zero-tolerance offense that does not require proof that a certain amount of a drug is in the systems of drivers to result in a conviction. It is arguable whether, post-legalization, recreational marijuana remains a zero-tolerance crime.

Any evidence of marijuana, even if not consumed immediately before driving, may place drivers at risk of OWPD. Any evidence of visible impairment due to marijuana use may constitute the criminal offense of operating while visibly impaired (OWVI) under Mich. Comp. Laws § 257.625(3).

In either situation, a dedicated marijuana DUI attorney in Lapeer County can advise you on the difference between charges. Contrary to OWPD charge, OWVI requires only evidence that an intoxicating substance has visibly impaired drivers. As an attorney could explain, the differences in charges could impact potential defenses and penalties.

Could Drivers Who use Medicinal Marijuana Face Charges?

There is a potential exception to the OWPD statute for medical marijuana users. Individuals who possess valid medical marijuana user cards may not face charges under the OWPD statute simply because a chemical test indicates the presence of marijuana in their systems. Law enforcement authorities must demonstrate that the marijuana usage impaired the driver and affected their ability to safely operate their vehicle. This may also be true for recreational marijuana however this theory remains to be tested in the courts.

If the marijuana use is pursuant to a valid medical marijuana card and sobriety tests or other evidence indicates impairment, the driver could face still OWPD or OWVI charges. Medical marijuana users facing marijuana intoxication driving violation charges should strongly consider contacting a Lapeer County DUI attorney for advice.

Allow a Lapeer County Marijuana DUI Attorney to Help

The penalties for marijuana-related OWPD or OWVI charges could be very serious. Jail time, fines, license suspension and restrictions, and community service hours are among the various penalties that you may face for an OWPD or OWVI conviction. If you face charges related to the ever-evolving area of marijuana law, you may wish to consult a dedicated Lapeer County marijuana DUI lawyer.

There are many misconceptions surrounding marijuana legislation. After charges, take the time to contact experienced legal counsel today for a knowledgeable evaluation of your situation and advice on how to protect yourself and your rights.

Call Today! FREE Consultation Lawyer and Receive Immediate Attention for Your Criminal Law Case Patrick T. Barone is a Michigan Super Lawyer, who has maintained continuous top attorney ratings since 2007. In addition, the Michigan native is the author of multiple books on OWI, DUI and criminal law. The OUIL attorney near me has lectured at over 80 legal seminars all over America. He leads Barone Defense Firm in providing aggressive legal warriors for each client's criminal case.

Contact us 24 hours a day at our law firm’s easy to remember toll-free number, 1-877-ALL-MICH or 877-255-6424, for a free criminal case review. The Michigan attorneys near me at Barone Defense Firm travel the entire Great Lakes State, to help citizens in legal trouble in Michigan for alleged criminal law violations.

For your FREE lawyer consultation, call today to learn how to protect yourself from a possible unwarranted conviction. What do you have to lose, when the free legal advice with our litigation team’s criminal lawyers near me can answer many tough questions?

Client Reviews
Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.