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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23533
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Can I be charged with OWPD in Michigan for driving with the

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Can I be charged with OWPD in Michigan for driving with the presence of drugs which are NOT schedule 1 controlled substances or cocaine?
Hello,

My name is XXXXX XXXXX I am an experienced criminal lawyer.

You can be charged with OWPD in Michigan for driving under the influence of any controlled or intoxicating substance. That would include, for example, prescription drugs that you are taking lawfully and any other substances that would have an intoxicating effect.

Here is the statute that tells you the law.
Customer: replied 3 years ago.

Would that include medications taken legally and present in the system, but not in amounts that could be expected to have an intoxicating effect? My understanding is that the amount is totally irrelevant with regards XXXXX XXXXX schedule 1 drugs, but I'm less clear on whether that goes for everything.


 

Hi,

Yes it would include drugs taken legally, but don't forget that being charged with an offense does not mean that you have to be convicted of it. There is no minimum level for any intoxicating substances but that doesn't mean that lawful prescription holders, taking their medication as directed and driving with the knowledge and approval of their doctor would have to be convicted.

Very little is needed to charge a person with a crime. The presence of an intoxicant in the bloodstream would give probable cause for arrest. But to convict, the prosecution must prove intoxication or impairement beyond a reasonable doubt, which in many cases would be much more difficult.
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