What is the Law for Driving a Vehicle "Under The Influence" of Marijuana?
The penalties you will face for driving under the influence of marijuana are similar to those received for driving under the influence of alcohol. However, there are additional penalties Michigan marijuana penalties you could face for possession or transporting marijuana on top of the impaired driving charges.
Under the Impaired Driving Law you can be charged with driving under the influence of a Schedule 1 controlled substances which includes marijuana. To be charged with drunk driving, a person over the age of 21 must have a bodily alcohol content (BAC) of over .08 or greater. The level drops to .02 or great for anyone who is under the age of 21.
However, any trace of marijuana in your system can prompt a charge.
We understand Michigan drug laws and Michigan marijuana DUI laws. Our expertise will allow us to build the best defense in your case.
Michigan Marijuana Penalties
The typical charges a person faces fall under the Operating While Intoxicated (OWI) law when the drug is found in the driver’s blood or urine. To be charged under this you do not have to be showing any signs of impairment. Law enforcement just have to show the drug was present in your system under their zero tolerance policy.
The only time the zero tolerance policy does not apply is if you can use Michigan legal marijuana for medicinal purposes as outlined by the 2008 Medical Marihuana Act. Protection was provided for medical marijuana users under the 2010 People v. Feezel Michigan Supreme Court ruling. The ruling stated the protections under the Michigan medical marijuana law shield an individual from being charged with an OWI for having marijuana in his or her system.
For anyone not using marijuana for medicinal purposes the charges are very serious. If convicted, the punishment you receive for driving under the influence vary and become more severe with subsequent convictions.
When convicted of your first offense you could face any combination of the following punishments:
- A fine of up to $300
- Spending up to 93 days in jail
- Required community service up to 360 hours
After being convicted of your second offense charge within a seven-year period the penalties you may face include:
- A fine of up to $1,000
- Spending up to one year in jail
- Required community service up to 90 days
A third or subsequent convictioncomes with the following punishments and is charged as a felony:
- A fine of up to $5,000
- Spending up to five years in jail
- Required community service up to 180 days
Marijuana Defense Lawyer Ready to Help in Your Case
Are you facing driving under the influence charges because of Michigan pot laws?
The marijuana defense lawyers at Grewal Law are ready to help you. Call us to defend against your driving under the influence of marijuana charges in Lansing, East Lansing or Okemos.
We will provide you with a free quote today at (888) 211-5798.