Drugged Driving in Michigan
The Facts to Know About Drugged Driving
In the state of Michigan, police are now able to conduct a preliminary roadside analysis, similar to a field sobriety test for alcohol to test for people under the influence of drugs or other intoxicating substances while operating a motor vehicle.
Despite the fact that incidents of driving under the influence of an illegal substance have been almost as common as drunk driving, the legal system hasn’t been treating drugged driving with the same importance that it has driving under the influence of alcohol.
The state of Michigan is trying to change that in their borders. The Michigan House of Representatives passed two bills, 5383 and 5385, which are aimed to bring the state’s drugged driving laws in line with existing drunk driving laws. Bill 5384 in particular allows authorities to conduct roadside mouth swabs to test saliva for traces of controlled substances like marijuana, heroin, methamphetamines and cocaine.
The benefit of these bills will give law enforcement the additional resources and tools they need to identify and keep drugged drivers off the road while increasing harsher punishment for those convicted of drugged driving.
In Michigan, a Person is Guilty of a DUI if:
(1) They are caught operating a motor vehicle in public while under the influence of a controlled substance or a combination of alcohol and a controlled substance
(2) An owner of a motor vehicle allows their vehicle to be operated by a person who is visibly impaired due a controlled substance or a combination of alcohol and a controlled substance
(3) A person has in his or her body any amount of a schedule I controlled substance
Under the new legislation, a person convicted of drugged driving in Michigan will have a conditional bond placed in their name and the information is to be entered into a law enforcement database. This information tags the person in the system and is available to police officers during routine traffic stops. Additionally, if you are suspected of drugged driving, officers can now conduct a breathalyzer test and ask you to perform a roadside sobriety test much like they do for alcohol and suspected drunk drivers.
If you refuse to submit to a chemical or field sobriety test, law enforcement has the right to suspend your license and take you into custody. Once released from jail you can be restricted to a set of parameters that limit your activities, similar to a drunk driver who is released on a conditional bond that forbids them to drive while drinking alcohol.
Refusal to Submit to Chemical Testing
If a person refuses to submit to a chemical test, a test can't be administered without a court order. An officer has the right to obtain a court order to gain the evidence they need to prove if you are intoxicated or under the influence of drugs. You have the right to consult a lawyer in regards to taking a chemical test after an arrest. If you refused a chemical test it can not be used as evidence in your case to determine your innocence or guilt. You have the right to demand that a person of your own choosing administer the chemical test to ensure you get a fair, just, and accurate result.
The Facts to Know About Drugged Driving
In the state of Michigan, police are now able to conduct a preliminary roadside analysis, similar to a field sobriety test for alcohol to test for people under the influence of drugs or other intoxicating substances while operating a motor vehicle.
Despite the fact that incidents of driving under the influence of an illegal substance have been almost as common as drunk driving, the legal system hasn’t been treating drugged driving with the same importance that it has driving under the influence of alcohol.
The state of Michigan is trying to change that in their borders. The Michigan House of Representatives passed two bills, 5383 and 5385, which are aimed to bring the state’s drugged driving laws in line with existing drunk driving laws. Bill 5384 in particular allows authorities to conduct roadside mouth swabs to test saliva for traces of controlled substances like marijuana, heroin, methamphetamines and cocaine.
The benefit of these bills will give law enforcement the additional resources and tools they need to identify and keep drugged drivers off the road while increasing harsher punishment for those convicted of drugged driving.
In Michigan, a Person is Guilty of a DUI if:
(1) They are caught operating a motor vehicle in public while under the influence of a controlled substance or a combination of alcohol and a controlled substance
(2) An owner of a motor vehicle allows their vehicle to be operated by a person who is visibly impaired due a controlled substance or a combination of alcohol and a controlled substance
(3) A person has in his or her body any amount of a schedule I controlled substance
Under the new legislation, a person convicted of drugged driving in Michigan will have a conditional bond placed in their name and the information is to be entered into a law enforcement database. This information tags the person in the system and is available to police officers during routine traffic stops. Additionally, if you are suspected of drugged driving, officers can now conduct a breathalyzer test and ask you to perform a roadside sobriety test much like they do for alcohol and suspected drunk drivers.
If you refuse to submit to a chemical or field sobriety test, law enforcement has the right to suspend your license and take you into custody. Once released from jail you can be restricted to a set of parameters that limit your activities, similar to a drunk driver who is released on a conditional bond that forbids them to drive while drinking alcohol.
Refusal to Submit to Chemical Testing
If a person refuses to submit to a chemical test, a test can't be administered without a court order. An officer has the right to obtain a court order to gain the evidence they need to prove if you are intoxicated or under the influence of drugs. You have the right to consult a lawyer in regards to taking a chemical test after an arrest. If you refused a chemical test it can not be used as evidence in your case to determine your innocence or guilt. You have the right to demand that a person of your own choosing administer the chemical test to ensure you get a fair, just, and accurate result.
Penalties for Drugged Driving
First offense
•Community service for not more than 360 hours
•Imprisonment for not more than 93 days
•Monetary fine of not more than $300.
Second offense
(within 7 years of the first)
•Fine of not less than $200 or more than $1,000
•Imprisonment for not less than 5 days or more than 1 year
•Community service for not less than 30 days nor more than 90 days.
Third and subsequent offense
(within 7 years of the first)
•Felony - fine of not less than $500 or more than $5,000
•Imprisonment for not less than 1 year or more than 5 years
•Probation with imprisonment for not less than 30 days or more than 1 year with community service for at least 60 days, but less than 180 days.
First offense
•Community service for not more than 360 hours
•Imprisonment for not more than 93 days
•Monetary fine of not more than $300.
Second offense
(within 7 years of the first)
•Fine of not less than $200 or more than $1,000
•Imprisonment for not less than 5 days or more than 1 year
•Community service for not less than 30 days nor more than 90 days.
Third and subsequent offense
(within 7 years of the first)
•Felony - fine of not less than $500 or more than $5,000
•Imprisonment for not less than 1 year or more than 5 years
•Probation with imprisonment for not less than 30 days or more than 1 year with community service for at least 60 days, but less than 180 days.
Officers Learn to Spot
Drugged Drivers
Drugged Drivers
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