Is there a legal limit for driving under the influence of marijuana? - by Razavi Law
In Michigan, there are two ways to be a drunk driver. The first is to drive a vehicle while under the influence of alcohol, drugs or a combination of both. The other way is to have a blood alcohol content of .08 or more per 210 liters of breath. Drunk driving or DUI in Michigan is called operating while intoxicated.
To be operating while intoxicated, a person must be driving while “…under the influence of alcoholic liquor, a controlled substance, or other intoxicating substance or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance.”
As of right now, there’s no legal limit for marijuana or for any other drug like there is for alcohol. If a person is under the influence of a controlled substance, it doesn’t matter how little or much of the drug is in the person’s system. It’s up to the jury to decide if you were under the influence when you were driving.
Of course, this requires a judgment call. Reasonable minds can differ as to whether you were drunk driving. Ultimately, it’s up to the jury to decide and not law enforcement.
When you work with our team of Grand Traverse drunk driving attorney professionals, we don’t just take the police’s word for it when you’re accused of drunk driving. Rather, we conduct our own investigation. That means that we demand information from the prosecuting attorney. If there’s video, we can ask the state to produce a copy of it. Often, local law enforcement agencies don’t have patrol cameras. The jury may not look too favorably upon the police when they accuse people of drunk driving without making a video recording of the traffic stop.
Police errors are often common
Law enforcement has to follow certain protocol when they investigate someone for drunk driving. There are certain tests that they need to administer in a certain way when they’re investigating a case. If they don’t, your Traverse City drunk driving lawyer can show the jury how the accuracy of their investigation is in doubt.
While there are a few police officers who are certified drug recognition experts, the vast majority of Northern Michigan law enforcement officers haven’t had this training. That makes their investigation into a person they suspect of driving under the influence of marijuana suspect at best. They might just try to based on investigation on what they think is best instead of based on anything that has to do with science.
How we can help
An experienced Traverse City drug driving attorney can help review your case and determine where the police may have made fatal errors. Ultimately, the police need to show that the marijuana influenced your ability to drive. If they can’t do that, it doesn’t matter what the result of your blood test says. While law enforcement may not personally like marijuana users, they have to do their work based on the law, not based on their biases.
If you’re facing a drunk driving charge, we invite you to contact us. Our team of Traverse City marijuana lawyers can evaluate your case and help you make a game plan for your best defense. You have rights, and we aim to help each client exercise their rights to the fullest extent of the law.