Driving Under the Influence of Marijuana
There are many OWI defense attorneys, but not many with extensive experience defending drug and alcohol-related driving cases. Defenses to OWPD charges can be factual, legal, medical, constitutional, or scientific.
Marijuana might be legal, but not driving under the influence of marijuana.
Although the medical and recreational possession of marijuana is legal in Michigan, driving under the influence of marijuana or any other drug (including alcohol) is still illegal. Prosecutors and judges are taking these offenses very seriously, and your best defense is an attorney who will fight to protect and defend you. Don’t trust your fate to the lowest bidder.
The Debate Over Driving Limits and Marijuana Use
It is common knowledge that most states have established a 0.08% blood alcohol level as the maximum legal limit for drivers over the age of 21. However, with the legalization of the use of recreational marijuana and medical marijuana, there are concerns about operating under the influence laws for drivers who smoke or consume marijuana. The police and prosecutors have been overzealous in these prosecutions, and experienced defense lawyers are stepping up to keep innocent drivers from being wrongfully prosecuted. Similarly, judges are seeking to make an example out of those accused of driving under the influence of marijuana (OWPD), and it takes an aggressive and fearless defense lawyer to do what is necessary to get the client the most lenient sentence possible.
Driving Limits – Driving Under the Influence of Marijuana
Even though Michigan allows medical and recreational marijuana, it does not have a driving limit set for being able to operate a motor vehicle after having consumed marijuana legally. The ambiguity in the law has been the impetus for many defense motions in matters where people are prosecuted for driving under the influence of marijuana. The government is still charging drivers even when they possess valid Medical Marijuana cards. The lawyers at LEWIS & DICKSTEIN, P.L.L.C. have filed several such motions successfully and will do whatever is necessary to seek a dismissal of all charges in your case.
The state of Michigan has not yet set a defined limit for the amount of marijuana that results in a presumption of impairment.
What is a Reasonable Standard?
According to the National Highway Traffic Safety Administration, users experience the most significant amount of impairment during the first three hours of having smoked or consumed marijuana. To determine if there was recent consumption of marijuana, the Michigan State Police laboratory will test active THC in whole blood. Reasonable limits have been difficult to set because of lack of research on a standard impairment level, marijuana affects different people differently, and active THC stays in a chronic or medical user’s system longer, even if the person has quit smoking.
Lawmakers expect defense attorneys to challenge the laws regarding Driving Under the Influence of Marijuana. The attorney’s with LEWIS & DICKSTEIN, P.L.L.C. accept the challenge!
Marijuana Driving Limits in Other States
Although opponents believe that 5 ng/mL is unreasonably low, it is one of the highest limits in any state. Nevada (a medical marijuana state) has a limit of 2 ng/mL Ohio also has a limit of 2 ng/mL Montana (a medical marijuana state) has a limit of 5 ng/mL. Pennsylvania’s limit is also 5 ng/mL. Michigan’s legislature needs to decide as to the driving limits after having smoked or consumed marijuana. It should consider medical evidence and not rely on inadequate studies and emotion.
Operating Under the Influence of Marijuana Criminal Defense Attorneys
LEWIS & DICKSTEIN, P.L.L.C. has handled thousands of cases involving marijuana. Our attorneys have represented people charged with marijuana offenses at the Federal and State level and both misdemeanors and felonies. LEWIS & DICKSTEIN, P.L.L.C. also has substantial experience in successfully handling matters related to Michigan’s Medical Marijuana Law, and alleged violations of it, and handling cases where there is an allegation of driving under the influence of marijuana.
The attorneys at LEWIS & DICKSTEIN, P.L.L.C. are well-respected specialists in defending people charged with criminal offenses. Please call LEWIS & DICKSTEIN, P.L.L.C. with any questions you may have or if you would like to discuss your options. We will take the time to talk with you, answer your questions, and address each of your concerns. We will find a way to help you.
Call us today at (248) 263-6800 for a free consultation, or complete a Request for Assistance Form and we will contact you promptly.