Operating With Any Amount of Controlled Substance

New Laws for Driving with Controlled Substances

Recent changes in the law regarding driving with controlled substances in a person’s body are reflected in the recently amended Standard Criminal Jury Instructions (CJI). CJI 15.3a is titled, “Operating with Any Amount of Schedule 1 or 2 Controlled Substances.” The jury instruction would be read to a jury being asked to deliberate whether a defendant is guilty of operating with any amount of controlled substance pursuant to MCL 257.625(8). That section of the law reads as follows:

“(8) A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person has in his or her body any amount of a controlled substance listed in schedule 1 under section 7212 of the public health code, 1978 PA 368, MCL 333.7212, or a rule promulgated under that section, or of a controlled substance described in section 7214(a)(iv) of the public health code, 1978 PA 368, MCL 333.7214.”

To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(1)       First, that the defendant was operating a motor vehicle. “Operating” means driving or having actual physical control of the vehicle.

(2)       Second, that the defendant was operating the vehicle on a highway or other place that was open to the public or a place that is generally accessible to motor vehicles, including any designated parking area.

(3)       Third, that while operating the vehicle, the defendant had any amount of a schedule 1 or 2 controlled substance in his body.

The different controlled substances that are classified as Schedule 1 and 2 can be found at the following link listed below:

http://www.justice.gov/dea/pubs/scheduling.html

Defense Attorney for OWPD in Michigan

If you are charged with any of the following offenses listed below and you want a winning defense, please call LEWIS & DICKSTEIN, P.L.L.C. at (248) 263-6800 for a free consultation or complete a Request for Assistance Form and we will promptly contact you:
  • OWI – Operating While Impaired
  • OWID – Operating While Impaired Drunk
  • Operating with Any Amount of Schedule 1 or 2 Controlled Substance
  • Operating While Intoxicated by Alcohol
  • OWI Causing Serious Injury
  • OWI with Minor Child
  • OWI Second Offense – Misdemeanor – Max 1 year

 

 

  • DUI – Driving Under the Influence
  • MIP -Minor in Possession
  • OWI First Offense – Misdemeanor – Max 93 days
  • Operating While Under Influence of Drugs
  • OWI Causing Death
  • Operating Under the Influence of Alcohol
  • OWI Third Offense – Felony – Max 5 years in Prison

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