Cannabis is officially legal in Michigan, according to the success of Proposition 1. However, Proposition 1 makes it unlawful to drive while under the influence of marijuana. Any passengers who smoke marijuana while the vehicle is on the road are also breaking the law. The law also makes it illegal to drive while under the influence of marijuana, but it doesn’t define what constitutes driving under the influence. Because of the lack of legislative guidance, prosecutors are applying the state’s Operating While Intoxicated (OWI) regulations to marijuana users inconsistently.
Drivers with any measurable quantity of THC (one of the active chemicals in cannabis) in their system face severe consequences; Michigan is a zero-tolerance state. However, some prosecutors are wary of enforcing this guideline, preferring to search for proof of intoxication collected by the cops during the traffic stop.
Your lawyer’s ability to advocate on your side and use all available evidence to establish that you were not legally inebriated or to question the validity of the stop will play a significant role in the outcome of your marijuana OWI accusation in Michigan. Call the leading marijuana DUI lawyers at John Engman & Associates. We are here to help. We will review your case with you and review all available options for a great outcome.
How do the police know when you are high behind while driving?
The most perplexing aspect of marijuana OWIs is that no obvious comparison exists between alcohol and marijuana intake and their related impact on driving ability. The higher the alcohol level in a person’s blood, the more intoxicated they will be. Although there are differences in intoxication levels based on size, age, and sex, most people are objectively too drunk to drive after two to four drinks. Our state’s legal blood alcohol concentration (BAC) level is 0.08 percent, which reflects this.
In the case of cannabis, an objective measure of intoxication has eluded researchers. Some states have set legal limitations for blood THC concentrations; however, these limits are based on no scientific evidence and serve no purpose other than maintaining consistency in drugged driving charges. Unlike alcohol, there is no known blood quantity of THC at which most people get intoxicated enough not to drive. To make matters even more complicated, someone can have quantifiable amounts of THC in their bloodstream without being drunk. This is due to the fact that THC lingers in your blood long after the effects of marijuana have worn off. If you have questions regarding your OWI or using medical marijuana while on probation, give our office a call.
An Experienced OWI Lawyer Can Help
You could be charged with OWI if you have trace THC levels in your system, depending on where you got pulled over. In other counties, you will only get prosecuted if you drive recklessly, such as speeding, swerving, or running a red light. In addition, the police may want evidence of your intoxication, such as red eyes, a marijuana odor, and poor response times. All of this evidence, fortunately, can be refuted. As a result, your case could get reduced or dropped before you go to trial.
You must employ an expert lawyer from the beginning of the criminal justice procedure to get this type of case outcome. The most effective strategy to avoid an OWI conviction is to challenge the prosecution’s evidence, and the best time to do so is before the trial begins. Call the legal team at John Engman & Associates if you or a loved one is with OWI or OWVI.
Our criminal defense attorneys would be more than happy to assess the details of your case. To request a free consultation, call John Engman & Associates at (616) 454-5222.