OWPCS Charges

Under Michigan state law, it is illegal to operate a motor vehicle if you have any trace of a controlled substance in your body. Law enforcement officers typically use blood tests to determine the presence of drugs in OWI suspects, but urine tests can also be used. Both tests are problematic if you understand the detection methods used of certain Schedule 1 drugs. Other considerations include measurement uncertainty, limits of detection, and uncertainty budgets, each or all of which might be applicable and could provide a defense. This is why it is very important to contact a Michigan DUI drug lawyer immediately

Under the Michigan Medical Marijuana Act, licensed medical marijuana users will not be prosecuted under the Operating with a Presence of Controlled Substance (OWPCS) statute. This means that mere presence is not enough, the prosecutor must show actual intoxication. However, a clear distinction has not yet been made to determine what constitutes "under the influence" for the purpose of enforcing the statute.

With recreational marijuana, the distinction between mere presence and intoxication is less clear. As of the time of this writing, this issue has not been resolved definitively, but the weight of authority appears to suggest that lawfully consumed recreational marijuana is also no longer a mere presence drug. If so, then recreational marijuana is the same as medical marijuana, either way the prosecutor must prove intoxication.

Many drugs are detectable in the body long after the intoxicating effects of the drug have passed. Marijuana, for example, typically has an intoxicating effect that lasts for a few hours at most, but marijuana metabolites can be detected in a blood or urine sample as long as 30 days after consumption. This means that, under Michigan's current OWI laws, a person who smoked a small amount of marijuana a month ago could still be convicted of driving under the influence.

For other schedule one drugs, such as heroin, LSD, and mescaline, we still have zero tolerance, meaning the prosecutor need only show that you drove with any amount of these drugs in your system. Intoxication is not relevant. You can be charged and found guilty of DUI based on presence of a controlled substance even if the substance caused no intoxication whatsoever.

The penalties for a first-time OWPCS conviction are essentially the same as the penalties for a first OWI offense. The penalties include:

• A fine between $100 and $500
• Up to 93 days in jail
• Up to 360 hours of mandatory community service
• Suspension of driver's license for 30 days plus 150 days of license restriction
• Six points assessed on driving record
• $500 Driver Responsibility fee for two years
• What to do Next if You're Facing a Michigan OWPCS Charge

The crime of OWPCS carries with it the exact same consequences as the more traditional DUI charge involving alcohol. Because these crimes are treated so seriously in Michigan, it is important for you to protect your rights and your future by hiring the best lawyer can afford. We offer free consultations with no risk or obligation.