Drugged Driving

Driving Under Influence Marijuana OUID - DUID Lawyer

Operating Under the Influence of Marijuana Lawyer


So. Michigan allows you to purchase and use marijuana recreationally. One fine day you are stopped by the police, asked to do some roadside tests, taken to jail, your blood taken, and you charged with Operating Under the Influence of Marijuana. What the heck? You thought the recreational marijuana law (Michigan Regulation and Taxation of Marijuana Act or MRTMA) overwhelming passed by the Michigan voters in 2018 would protect you - right? Sadly, this is not the case.

Overall, the number of alcohol-related drunk driving cases are down and the police and prosecutors have now turned their attention to busting drivers operating a motor vehicle under the influence of illegal and legal drugs - including marijuana. The penalties for drugged driving or driving under the influence of drugs such as marijuana carry the exact same penalties as alcohol drunk driving cases.

Drug Recognition Experts - DRE


In its quest to bust drivers who are high on marijuana, Michigan is pouring hundreds of thousands of dollars into training police officers to be Drug Recognition Experts or DRE Officers. These officers are anything but experts, but sadly the legal system is beginning to allow them to testify as "experts" in court. These police officers attend about a week of special classes, then a few days of hands on training in Maricopa County, Arizona, and when they are done - presto - they are now "experts." Most do not even have a bachelor's degree from college.

These new DRE "experts" are even on the prowl for those who are driving under the influence or impaired by prescription drugs as well. Welcome to the new reality.

Operating Under the Influence of Marijuana.

Both the Michigan Medical Marihuana Act and MRTMA allow a person to operate a motor vehicle (including boats) with marijuana (active THC) in their body, so long as the person is not driving "under the influence" of marijuana. But what does "driving under the influence" really mean? This term is important because it is the standard that a jury of your peers will be asked to decide. Under the influence should mean that a prosecutor has to prove beyond a reasonable doubt that your driving ability was actually and materially impaired by the active THC in your body. In other words, the government must show your ability to operate a car was materially and substantially impaired by the active THC, for example: weaving, excessive speed, erratic driving, etc.

How to Defend against Drugged Driving Charge.

So how do you defend yourself in court from the mighty power of the State which has unlimited resources to fund newly minted DRE officers, who in our experience are predisposed to find all marijuana users are high and impaired (also known as "under the influence of marijuana)? In most of the cases we have seen, the driver does really well on the Standard Field Sobriety Tests (SFST), was stopped because his/her license plate was expired, and there was really no bad driving. So why were they arrested at all? Good question. Sadly we cannot answer it.

You defend yourself by hiring an experienced driving under the influence of marijuana lawyer who has actually handled Drug Recognition Expert cases where the police alleged that a driver was operating under the influence of marijuana. Do not make the mistake of hiring a drunk driving lawyer - they may be very good at alcohol cases. But alcohol drunk driving is a different specialty and the difference is apples to oranges. Many drunk driving lawyers claim to be drugged driving lawyers as well, but have little to no experience or training in DRE officers and marihuana related driving cases.

We are experienced. We have handled marijuana driving cases where a driver was supposedly operating a car under the influence of marijuana. We have cross examined DRE officers, have done lengthy research, and on the job experience with operating under the influence of marijuana driving cases. Our OUID drug driving attorney has been defending clients for over 25 years - before there was medical or recreational marijuana in Michigan. Since the passage of medical and now recreational marijuana, he has devoted his time and resources to staying up to date and informed on criminal laws related to marijuana. He has argued and taken many cases to the Michigan Court of Appeals and the Michigan Supreme Court.

The handwriting is on the wall. Michigan is pouring hundreds of thousands of dollars into certifying new DRE officers. We see this as dangerous and frankly scary. The State is using your tax dollars to stack the deck against its own drivers. Very soon there will be many more so called DRE "experts" ready to come to court and testify against drivers accused of marijuana driving crimes. The State will have a free "expert" to impress a jury more often than not, and the accused, someone like you, will be up against a legal system that seems to be more intent on obtaining convictions than determining guilt or innocence. You need the peace of mind that comes from hiring a lawyer who knows their craft.



For more information visit our companion page which discusses zero tolerance laws, THC per se standards, carboxy THC, and more: Drugged Driving - the Facts. We also have a webpage on Roadside Saliva Testing here: Roadside Saliva Testing - DRE

If you or someone you know has been charged with driving under the influence of marijuana, call and give us a chance to interview for the job. Our Grand Rapids, Michigan operating under the influence of marijuana lawyer can make a difference in your case. Call our West Michigan drugged driving lawyer today to discuss your case. Experience, preparation, knowledge, and ability are what you need to find in a lawyer. We are tenacious. We are thorough. We take pride in leaving no stone unturned. Give us a call.