Operating Under The Influence of Drugs or Marijuana in Michigan

Michigan OWI Attorney for Drugs or Marijuana


Operating Under the Influence of Drugs or Marijuana (OUI or DUI) or Operating With Any Presence of a Drug (OWPD) is a serious charge requiring the experience of a strong criminal defense attorney.  In fact, operating while under the influence of drugs and marijuana is on the rise according to reports from the National Highway Traffic Safety Administration.  If you are faced with an OUI or DUI / OWPD charge in Michigan, you’ll need an attorney who is skilled at defending such cases.

Proving and Defending your OUI or DUI / OWPD Charge

Michigan law is one of the toughest on drugs and makes operating a vehicle with any amount of a controlled substance in your body illegal.  More alarming is that the Michigan Supreme Court has decided that THC, a derivative of marijuana, is also a controlled substance and operating a vehicle with THC in your system violates Michigan law. Concentrated THC is used to make hash oil, earwax, and many edible items.   This is particularly important because THC can remain in your system for thirty days or more.  So, simply being impaired isn’t the requirement for a conviction – having a controlled substance in your system is!

Michigan has a zero tolerance policy when it comes to operating while under the influence of drugs.  In order to be convicted of OUI or DUI / OWPD, the prosecutor must prove that the drug in your system impaired your driving if the drug was a prescription drug.  However, if the drug was an illegal controlled substance, such as cocaine or marijuana, the prosecution does not need to prove that your driving was impaired — only that it was in your system at the time of the arrest.

Showing that your actual driving impairment is directly caused by the drug in your system is not an easy task.  There are several other factors, such as medical illness, emergency, or intervening circumstances that can cause your driving to be impaired.

It is important to have an experienced attorney who will investigate and develop the factual support necessary for your defense.  Attorney Barton W. Morris, Jr. will evaluate every detail of your case to ensure that evidence against you was gathered appropriately and in compliance with your 4th Amendment rights against unlawful searches and seizures, which is a common violation police officers make.  If Barton W. Morris, Jr., can show that the police violated your rights, the evidence obtained must be suppressed and therefore the charges will be dropped.  No evidence = Not Guilty. A key area of defense to attack and attack aggressively.

Penalties for OUI or DUI or OWPD

If this is your first OUI or DUI or OWPD case, you could face a brief period of jail time, community service, license suspension and fines up to $500.00.  If this is your second or subsequent case, the penalties are significantly more serious, and will include greatly increased jail time, hefty fines and the installation of an ignition interlock device on your car – this device alone carries substantial costs to operate, use and maintain.

For these reasons, it is imperative that you contact the Law Office of Barton W. Morris, Jr., for an immediate consultation to find out more about your OUI or DUI or OWPD charge.  Barton W. Morris is dedicated to researching and understanding drug charges and takes an aggressive approach in defending each and every one of his clients. All cases are fact sensitive. You will want to have a customized defense strategy put into action for you when dealing with the police, prosecutors and the courts. Having conducted multiple dozens of jury trials gives Attorney Barton W. Morris, Jr., the experience necessary to effectively handle every criminal matter and persuade any jury that the prosecution cannot and has not proven their case.

Attorney Barton W. Morris, Jr., represents clients in the Oakland, Wayne and Macomb County communities of Royal Oak, Birmingham, Bloomfield Hills, Detroit, Warren, Farmington, Southfield, Novi, Rochester Hills, Troy, all surrounding areas and throughout the State of Michigan. Please contact his office at (248) 541-2600 to schedule an appointment.

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