Drugged Driving in Michigan: How DUID Cases Differ from Alcohol OWI
A drugged driving conviction in Michigan carries the same penalties as an alcohol OWI, but the two are proven very differently. Drugged driving, often called DUID, falls under the same operating while intoxicated (OWI) law as alcoholâthere is no separate statute. What changes is the evidence. There is no roadside breath test for drugs, so a case turns on signs of impairment or, for certain substances, any detectable amount in your blood. As a Michigan drugged driving defense attorney, my team and I handle both the criminal defense and the license consequences that follow, for good people across Metro Detroit.
Is Drugged Driving Charged Under the Same Law as Alcohol OWI?
Yes. Michigan does not have a separate drugged driving statute. Both alcohol and drug cases are charged under the same law that prohibits drunk driving, known as operating while intoxicated, or OWI. Most people still call it a DUI, or a DUID when drugs are involved.
Under that law, you can be charged for operating a vehicle while under the influence of alcohol, a controlled substance, or another intoxicating substance, or any combination of them. That reaches illegal drugs, marijuana, lawfully prescribed medication, and even over-the-counter medication if it affects your ability to drive safely. A valid prescription is no defense if the medication impaired you. To this point, alcohol and drugs are treated the same; the difference is in how the state proves the case. Our overview of how Michigan drug DUI cases work walks through the basics in more depth.
How Do Prosecutors Prove a Drug Case Without a Breath Test?
This is the biggest difference between a drug case and an alcohol case. An alcohol case usually comes down to a number: a breath or blood test showing a bodily alcohol content of 0.08 or more is enough on its own, and 0.17 or more brings the much harsher High BAC, or âSuper Drunk,â charge. There is no equivalent roadside breath test for drugs.
Because the device on the side of the road only measures alcohol, the state has to build a drug case on other evidence. In a typical DUID case, that can include:
- The arresting officerâs observations of your driving and behavior
- Standardized field sobriety tests
- An evaluation by an officer trained as a drug recognition expert (DRE)
- A roadside oral fluid (saliva) test, which a certified DRE can request in a county that takes part in Michiganâs roadside drug testing program
- A blood or urine test, which is how the presence of a controlled substance is measured
From there, the state can pursue one of two theories. The first is that you were actually under the influence or visibly impaired. The second is a per se rule that applies to certain drugs regardless of impairment, often called Operating With the Presence of Drugs (OWPD). We cover the full OWPD rule in more depth elsewhere. There is no âany amountâ rule for alcohol.
Why Is Marijuana Treated Differently?
Marijuana is the major exception to the âany amountâ rule. In its 2013 decision in People v. Koon, the Michigan Supreme Court held that a registered medical marijuana patient cannot be convicted simply because THC is present in the blood. The prosecution has to prove the driver was actually under the influence, which the Court said means something more than having any amount in your system and requires some real effect on the person.
Michigan has never set a specific THC limit the way it sets 0.08 for alcohol. Adult recreational use is legal, but driving while impaired by marijuana is not. Because there is no number to point to, marijuana cases almost always come down to evidence of impairment rather than a single test result. That makes them very different from a straightforward 0.08 alcohol case, and it is one reason the defense often centers on how the impairment evidence was gathered and interpreted.
Are the Penalties and License Consequences the Same?
Yes, because it is the same law. A first drugged driving conviction is a misdemeanor that can carry up to 93 days in jail, a fine of $100 to $500, and up to 360 hours of community service. A reduced charge of operating while visibly impaired carries up to 93 days and a fine of up to $300. A second conviction within 7 years brings mandatory, escalating penalties, and a third conviction is a felony no matter how long ago the earlier ones happened, because Michigan uses a lifetime lookback for a felony OWI.
The license side works the same way too. If you refuse a chemical test of your blood, breath, or urine after a lawful arrest, Michiganâs implied consent law triggers a 1-year driverâs license suspension and 6 points for a first refusal, separate from the criminal case and applied even if the OWI is later dismissed. You have only 14 days from the notice of refusal to request a hearing with the Secretary of State to challenge it. Miss that deadline and the suspension takes effect on its own.
Facing a Drugged Driving Charge in Metro Detroit?
A DUID charge carries the same weight as an alcohol OWI, and the defenses can matter just as much, if not more. For more than 30 years, my team and I have defended OWI and drugged driving cases across Metro DetroitâWayne, Oakland, Macomb, and the surrounding countiesâhelping good people move past a bad situation while protecting their freedom, license, and record.
When you call, a friendly and helpful person will talk through your situation and explain your options. We offer free, confidential phone consultations Monday through Friday, 8:30 a.m. to 5:00 p.m., at 586-465-1980, with an after-hours answering service when the office is closed. You can also reach us through the contact form or chat box on our website.
Weâll give you a straight answer about where things stand. No pressure, no fluff. Learn more about our Michigan DUI defense practice.