A person who is taking prescribed medication or over the counter medications can still be convicted of "Operating Under the Influence of Drugs." It does not matter if the prescription is necessary or if the person takes the medication only as directed.
If a police officer suspects that your ability to drive is in any way affected by the prescription medication, they can charge you with a crime. It is very important that if you are stopped by the police, or are involved in an accident, that you do not discuss your medical history unless it is a life or death situation.
A conviction for "Driving or Operating Under the Influence of Drugs" (DUID or OUID) is considered a drunk driving conviction by the State of Michigan and will result in license sanctions. The law does not distinguish between legal or illegal drugs.
If your driving is affected by the consumption of drugs, you could be convicted of a drunk driving crime. This includes:
A person can be convicted of Operating with the Presence of Drugs (OWPD) if they have any amount of certain illicit drugs in their system. Illicit drugs includes medical marijuana, even if you have a medical marijuana card.
You do not need to be high or feel impaired to be convicted as long as the prosecutor can show that your ability to drive is lessened because of the consumption of a drug or medication. An OWPD conviction is also considered a drunk driving conviction and will have long term repercussions. If you are arrested you need to hire an attorney who understands and specializes in drunk and drugged driving to give yourself the best possible chance of getting the case dismissed.
Daniel Larin is well-prepared to defend you against any allegation of Operating a Motor Vehicle under the Influence of Drugs or Operating with the Presence of Drugs. If possible, we fight to have the charges dismissed or reduced.