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Detroit Drugged Driving Lawyer

Virtually everyone knows that you can get charged with a Michigan drug OWI if you consume alcohol and then drive while you’re impaired. However, you also can get charged 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:

  • Heroin
  • LSD
  • Ecstasy
  • MDMA
  • Marijuana
  • Cocaine
  • Any Schedule 1 controlled substance

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 drugged 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. An experienced Michigan criminal defense lawyer 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

Defending Your Michigan DUI Charge

If you’re facing a drugged driving charge in Michigan, you’re likely worried about what that means and what might happen to you. The consequences of a conviction for operating a motor vehicle under the influence of drugs in Michigan can be harsh, and you should approach your defense seriously. In order to convict you, a prosecutor must prove beyond a reasonable doubt that you did in fact operate a motor vehicle under the influence of drugs. That isn’t always as cut and dried as it might seem, and there may be many different ways that you could fight the charge and try to get your case dismissed with the help of an experienced Michigan OWI lawyer.

Depending on circumstances, defense strategies used in drugged driving cases may include:

  • Challenging the results of blood or urine tests, or how the tests were administered
  • Challenging the legitimacy of a search warrant used to force a sample from you, or the lack of a warrant
  • Challenging whether police had legitimate reasons for your traffic stop or your arrest
  • Challenging whether police followed proper procedure when you were arrested, such as administering your Miranda rights, or when evidence was collected

A skilled Detroit drugged driving lawyer can evaluate your situation and the evidence against you, and explain your options for a defense and the likely outcomes in your case.

Charged with Drugged Driving? Contact us today.

Your initial consultation will always be free and confidential. Call today or fill out the form below and we will help you.

Attorney Maurice Davis