Michigan OWI: When Not Drunk

Summary:

Michigan’s Operating While Intoxicated (OWI) laws extend beyond alcohol impairment, creating significant risks for drivers using prescription medications, cannabis (even with medical cards), or over-the-counter drugs. These charges uniquely impact medical marijuana patients, professionals holding commercial licenses, and rideshare drivers, as Michigan enforces strict per se limits for schedule 1 controlled substances. The legal challenges center on proving impairment without reliable BAC metrics, flawed drug recognition expert protocols, and conflicts between state medical marijuana laws and zero-tolerance OWI provisions. Long-term consequences include CDL revocation, professional license suspensions, and permanent exclusion from healthcare or education fields.

What This Means for You:

• Immediate Action: Within 14 days of arrest, request a Secretary of State implied consent hearing to prevent automatic license suspension (MCL 257.625f). Simultaneously file a Motion to Suppress Evidence if police lacked probable cause for the traffic stop under People v. Christie (2017) standards.
• Legal Risks: First offense: 93-day misdemeanor jail sentence, $500 fine, 180-day license suspension. Third offense becomes a 5-year felony under MCL 257.625(9)(c). Schedule 1 substances trigger automatic “per se” violations regardless of impairment evidence.
• Financial Impact: $2,000+ in mandatory Driver Responsibility Fees (now reinstated as “monitoring fees”), 300% auto insurance increases for 7 years under Michigan’s Driver License Points System, and $1,200+ for mandatory ignition interlock devices even for first offenses.
• Long-Term Strategy: Petition for restricted driving privileges under MCL 257.319 using an ignition interlock device after 30 days of hard suspension. Explore expungement eligibility under Michigan’s Clean Slate Act for non-intoxicating substance OWI convictions. Document all prescription use with pharmacy logs for future licensure challenges.

Explained: Michigan OWI: When Not Drunk

Michigan’s OWI statute (MCL 257.625(1)(b)-(c)) defines “Operating While Intoxicated” as driving with any amount of schedule 1 controlled substances (including THC metabolites), or operating with any other substance “rendering the driver unable to safely operate the vehicle.” This creates two distinct charge pathways: 1) Per se violations for schedule 1 substances requiring no impairment proof, and 2) Impairment-based charges for other substances with concentrations exceeding “pharmacologically active thresholds.” Federal transportation laws (49 CFR § 382.213) impose additional zero-tolerance rules for CDL holders operating commercial vehicles.

The Michigan Supreme Court’s decision in People v. Koon (2020) further clarified that medical marijuana patients automatically violate OWI laws if THC metabolites are detected – even weeks after consumption and without behavioral impairment. This creates unique liability for lawful prescription holders compared to alcohol-based OWI charges requiring 0.08% BAC.

Types of OWI Offenses:

Michigan recognizes three non-alcohol OWI categories: 1) Per se drug OWI: Driving with THC/cocaine metabolites or schedule 1 substances at any detectable level 2) Impaired ability OWI: Operating under influence of legally prescribed benzodiazepines, opioids, or sleep aids that “substantially lessen driving capacity” 3) Zero-tolerance for underage drivers: Operating with any detectable non-alcohol controlled substance (MCL 257.625(6)). Commercial drivers face stricter thresholds – a 0.04g/mL urine concentration for non-schedule 1 prescription medications under FMCSA guidelines.

Notably, Michigan employs “drug recognition experts” (DREs) certified under NHTSA protocols to document impairment signs through 12-step evaluations. However, the Michigan Court of Appeals ruled in People v. Kabongo (2022) that DRE conclusions alone cannot sustain convictions without corroborating blood tests, creating critical defense opportunities.

Common Defences for OWI:

Challenging the legality of the traffic stop remains paramount – Michigan requires articulable suspicion of impaired driving beyond minor traffic infractions (People v. Dillon, 2021). Toxicology weaknesses include disputing blood draw procedures (non-EDTA vials causing THC degradation), serum vs. whole blood concentration differences, and prescription drug interaction defenses under MCL 333.26428.

For medical marijuana OWI charges, successful defenses focus on compliance timing (proving 6+ hours passed between consumption/driving per MCL 333.26427) and Carboxy-THC vs. Active-THC differentiation. Raising reasonable doubt about actual impairment through independent toxicology reviews of active metabolite levels can mitigate per se violations.

Penalties and Consequences of OWI Offenses:

First-offense OWI with detectable Schedule 1 substances carries: Up to 93 days jail, $1,000 fine, 180-day license suspension, 4 points on license, vehicle immobilization, and mandatory 45-day ignition interlock installation. Second offenses within 7 years become 1-year felonies with mandatory minimum 5 days jail, 90-day community service, and 1-year license revocation.

Collateral consequences include automatic termination for healthcare workers per Michigan Public Health Code § 333.20173a, ineligibility for federal housing loans, and lifetime CDL disqualification for commercial drivers. School districts and universities regularly terminate employees under moral turpitude clauses despite medical necessity defenses.

The OWI Legal Process:

1) Arrest triggers immediate 14-day Secretary of State hearing deadline to contest license suspension. 2) Arraignment requires addressing blood test warrant validity under Michigan’s implied consent laws. 3) Pre-trial motions focus on suppressing DRE evaluations or blood evidence through Daubert challenges. 4) Plea bargaining considerations include “impaired driving” reductions dropping per se drug charges. 5) Sentencing for drug OWI convictions mandates substance abuse evaluation and treatment programs per MCL 257.625(9)(b).

Choosing a OWI Attorney:

Select attorneys certified in NHTSA DRE protocols to counter evaluation errors. Verify specialized knowledge of LCMS vs. ELISA blood testing methodologies – critical for disputing false positives. Prioritize firms like Barone Defense Firm with appellate experience challenging per se marijuana convictions. Flat fees should cover implied consent hearings, toxicologist consultations, and license restoration appeals – typically $5,000-$15,000 depending on lab evidence complexities.

Other OWI Resources:

1. Michigan OWI Statute MCL 257.625

2. Michigan Secretary of State License Restoration Requirements

People Also Ask:

Can you fight a Michigan OWI if you weren’t drunk?
Yes, by attacking probable cause for the traffic stop and toxicology methodology. Michigan requires proof officers observed actual impairment before initiating stops for non-traffic violations. Independent retesting of blood samples often reveals chain-of-custody errors or immunoassay test false positives inadmissible as evidence under Michigan Rule of Evidence 702.

Does Michigan recognize prescription defenses for OWI?
Partially. While MCL 257.625(8) permits affirmative defenses for prescribed Schedule 2-5 medications taken as directed, this excludes medical marijuana. Success requires proving (1) valid prescription (2) compliance with dosage instructions and (3) no concurrent alcohol use. Additionally, doctors must testify the medication shouldn’t impair driving ability at prescribed levels.

How long do police have to file drugged OWI charges?
Michigan’s 6-year statute of limitations for felony OWI (MCL 767.24) applies, but practical filing deadlines occur within 60-90 days due to toxicology lab backlogs. Blood samples have strict 30-day testing windows per MSP Forensic Science Division protocols before degradation invalidates results.

Can medical marijuana patients avoid OWI charges?
Only through procedural defenses – Michigan Supreme Court eliminated medical necessity exceptions in People v. Koon. Patients must abstain for 72+ hours before driving and carry consumption logs proving compliance with MCL 333.26427 timing requirements.

Expert Opinion:

Proactively addressing Michigan drug OWI charges requires immediate toxicology review before metabolite levels degrade. Defendants must recognize that per se marijuana violations carry harsher penalties than alcohol OWI despite lower impairment risks, necessitating specialized counsel familiar with cutting-edge blood testing defenses and medical board licensing protocols.

Key Terms:

• Michigan per se drugged driving defense
• Medical marijuana OWI Michigan penalties
• Prescription medication operating while intoxicated
• Fighting false positive DUI blood tests Michigan
• Secretary of State implied consent hearing

*featured image sourced by Pixabay.com