- Michigan's Drunk Driving Laws
- Michigan drunk driving
- Law on Michigan drunk driving
- First time offense Michigan DUI
- Michigan's new 0.08 law
- Michigan's new driver license responsibility fee
- Michigan drunk driving: frequently asked questions
- The drunk driving statute: MCL 257.625
- OUIL, OWI, DUI, DWI, OUIN, and OWVI?
- OWI 2nd offense
- OWI 3rd offense
- Felony drunk driving
- License sanctions for drunk driving
- License suspension for drunk driving
- Driving while license suspended DWLS
- Driving on a suspended license
- Operating with the presence of controlled substance
- Michigan's child endangerment law
- Michigan's zero tolerance law
- Field sobriety tests
- Preliminary breath test
- The Datamaster breathalyzer
- Breath and blood Tests
- Michigan Drunk Driving Defense Attorneys
- Do I need an attorney?
- What to look for in an attorney
- How much does an attorney charge for drunk driving?
- Michigan-drunk- driving.com
- Attorney William J. Maze
- Attorney Steven N. Gotler
- Michigan Drunk Driving Procedure
- Drunk driving defenses
- The drunk driving court process and procedure
- I didn't get a ticket. What now?
- Should I accept an impaired?
- An overview of probation: the consequences of a plea
- What is "discovery" in drunk driving cases?
- Drunk driving: Bench trial or jury trial
- Michigan's Courts Enforcing Drunk Driving Laws
- Michigan courts handling drunk driving cases
- What to expect in an Oakland county drunk driving case
- What to expect in an Macomb County drunk driving case
- What to expect in a Monroe County drunk driving case
- What to expect in a Wayne County drunk driving case
- What to expect in a Washtenaw county drunk driving case
- Other Resources
- Michigan Police Departments
- Michigan Secretary of State
- Michigan Department of State Police
- DLAD: Driver's License Appeal Division
- National College For DUI Defense, Inc.
- Links and Other DUI Resources
Operating with the Presence of Drugs (OWPD)
Michigan recently passed a new law that imposes strict liability for having “any amount of a controlled substance” present in the body while operating an automobile. This new crime, known as Operating with the Presence of Drugs (OWPD), is part of a package of drunk driving laws that were passed in 2003 purportedly to maintain federal highway funds. Prohibiting “any amount” of a controlled substance is problematic, especially as it pertains to marijuana which remains in the body for up to 30 days.
Lawmakers drafted the new statute to state that “[a] person . . . shall not operate a vehicle . . .within this state if the person has in his or her body any amount of a controlled substance listed in schedule 1 . . . .” MCL 257.625(8) [Emphasis added.] The law does not define “any amount,” and it does not say how to detect or measure the presence of a controlled substance in a person’s body.
Under the new law, a driver can still be charged with OWI (Operating While Intoxicated) for being “under the influence” of drugs. Irrespective of whether a person is intoxicated because they’ve consumed too much alcohol or a controlled substance, the public is overwhelmingly supportive of efforts to keep drunk drivers off the roads. The new “any amount” law removes the requirement that a motorist be intoxicated. A sober driver can be convicted of drunk driving under the new law based upon analysis of bodily fluids.
The problem with this new law is that a person can be absolutely sober but still considered "drunk" for purposes of the statute.
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