- October 15, 2024
- Drunk Driving
Driving High Penalties in Michigan
Marijuana may be legal in Michigan, but driving while high is not. Whether you need marijuana medicinally or enjoy recreational cannabis, Michigan law gives you the right to consume weed. It doesn’t give you the right to drive while high, and that’s where people can run afoul of the law.
Marijuana is not like alcohol, which is metabolized more quickly. Marijuana stays in the system longer, meaning you may not feel high when you get behind the wheel, but a zealous law enforcement official may still get you for OWI. The team at the Law Office of John Freeman understands the complications associated with driving while high. Our legal team wants to advise you about the penalties in Michigan for driving high and what you can do to protect yourself.
Understanding Michigan OWI/DUI Laws
Michigan prohibits operating while intoxicated, or OWI. Many people mistakenly believe that you can only get an OWI charge if your blood alcohol concentration is .08 percent or higher. That isn’t the case. An individual can face OWI charges when:
- They have a BAC of .08 percent or higher
- They have any amount of a controlled substance in the body
- They are under the influence of any intoxicating liquor
- They are under the influence of any controlled or intoxicating substance
Michigan is also unique in that it has a separate offense called operating while visibly impaired, or OWVI. An individual can be charged and potentially convicted if there are visible indications of impairment.
What Are Penalties for Driving High in Michigan
Testing for marijuana does not work the same as testing for blood alcohol concentration. No breath test can give authorities an accurate assessment of the concentration of marijuana in a person’s system out in the field. Instead, most law enforcement officers rely on signs of impairment, such as physical reaction time, slurred speech, unusual behavior, the smell of marijuana on a person or in their vehicle, or the failure of a field sobriety test to help them determine impairment.
The penalties for operating under the influence of cannabis are the same as those for operating a vehicle under the influence of alcohol and can include:
First Offense:
- Fines between $100 to $500
- Community service up to 360 hours
- Jail time up to 93 days
Second Offense:
- Fines between $200 to $1,000
- Community service between 30 to 90 days
- Up to one year in prison
Third Offense:
- Fines between $500 and $5,000
- Community service between 60 to 180 days
- One to five years imprisonment
Penalties may be more significant when a driver is transporting a minor at the time of impairment. An OWI conviction can also result in a driver’s license suspension.
Contact a Michigan OWI/DUI Attorney Now
If you are facing an OWI charge for driving while high in Michigan, discuss your case with an experienced OWI attorney as soon as possible. The Law Office of John Freeman team wants to protect your legal rights and help you fight the charges against you. Contact our office today and request a confidential legal consultation. Our team proudly serves Michigan residents in the Troy area.