However, you also can get charged with drugged driving in Michigan if you operate a vehicle while impaired by the use of drugs. There is no legal limit for drugs the way that there is for alcohol. If you’re suspected of driving with any amount of certain drugs in your body, you can be charged with a Michigan drug OWI. Those drugs include:
Drugged driving is just as serious a charge in Michigan as OWI. It can be a misdemeanor, but also can be a felony under some circumstances. Even a first offense can result in a jail sentence, expensive fines, and loss of your driver’s license. When you are convicted of operating a vehicle under the influence of a Schedule 1 controlled substance, or under the influence of cocaine, you face potential consequences that may include:
- Going to jail or prison
- Fines of hundreds or thousands of dollars
- Suspension or revocation of your driver’s license
- Loss or immobilization of your vehicle
- Points on your driver’s license
- Paying more for car insurance
- Loss of your job or other effects of a criminal record
When you or a family member is facing a charge of drugged driving, it’s in your best interest to consult with an experienced Detroit drunk driving lawyer about your options. Depending on your circumstances, a lawyer may be able to help you fight the charge and get it dismissed, help you keep your driver’s license, or get your penalties reduced so that you can move on with your life.
Penalties for Michigan Drug DUI
The penalties for a Michigan drugged driving conviction start with jail time, fines, and other consequences, and become more severe with each subsequent conviction. Penalties also may depend on what a judge believes is “reasonable” in your case. The Michigan Supreme Court recently ruled that judges have the authority to decide criminal sentences. That means a judge is no longer restricted to the penalties stated in statutes. Experienced Michigan criminal defense lawyers can explain the possible outcomes for your charge.
Under Section 257.625 of the Michigan Vehicle Code, the statutory penalties for a drugged driving conviction include:
First Offense
A first offense for driving under the influence of a Schedule 1 controlled substance, or under the influence of cocaine, is a misdemeanor offense. A conviction may be penalized with:
- A jail sentence of up to 93 days
- A fine of up to $500
- Up to 360 hours of community service
- A 30-day driver’s license suspension, and 150-day license restriction
- Six points on your driver’s license
Second Offense
When you’re charged with operating a vehicle under the influence of drugs and you have any kind of prior OWI conviction, a new conviction is a misdemeanor, and the penalties may include:
- A mandatory minimum 5-day jail sentence, and a maximum of 1 year
- A fine of up to $1,000
- A minimum of 30 days of community service and a maximum of 90 days
- Revocation of your driver’s license for at least 1 year
- Confiscation of your license plate
- Forfeiture or immobilization of your vehicle
- Six points on your driver’s license
Third or Subsequent Offense
When you’re charged with operating a vehicle under the influence of drugs and you have two or more prior OWI convictions of any kind, a new conviction is a felony, and the penalties may include:
- A prison sentence of 1 to 5 years or probation plus 30 days to 1 year in jail
- A fine of up to $5,000
- Up to 180 days of community service
- Revocation of your driver’s license
- Your vehicle registration may be denied and your license plate may be confiscated
- Six points on your driver’s license
