If you were recently arrested for drugged driving in Michigan, the first thing you need to know is that these cases are genuinely different from alcohol-related OWI charges — and in some important ways, they’re more defensible. My team and I have been handling drug DUI cases in Metro Detroit for over 30 years, and we know exactly where these cases are strong, where they’re weak, and what can realistically be done about them.
If you’re looking for a lawyer who understands both the law and the science behind these charges — and who knows how to challenge evidence that may not be as solid as the prosecution wants you to believe — you’ve come to the right place.
courtroom, with gavel and scales of justice in the foreground
Michigan Drugged Driving Is an OWI Charge — But It Works Differently
In Michigan, drugged driving falls under the same law — Operating While Intoxicated (or “OWI” for short) — as alcohol-related drunk driving. But there’s a critical difference: with alcohol, there’s a legal limit. At .08 BAC, you’re over the line. With drugs, there is no such threshold. Prosecutors have to prove actual impairment — and that’s a much murkier standard.
That matters enormously for your defense. It means the case against you is built largely on subjective observations, field sobriety tests that weren’t designed for drug impairment, and chemical testing that has real reliability problems. My team and I dig into all of it.
Marijuana and Drugged Driving — What Most People Get Wrong
Michigan has legalized recreational marijuana, and a lot of people assume that means driving after using it is a gray area. It isn’t. If a police officer believes your driving was impaired by marijuana, you can be charged with OWI — period. Your medical marijuana card offers no protection. The question isn’t whether you used it legally. The question is whether your driving was impaired.
Here’s where it gets complicated: marijuana stays in your system for days or even weeks after use, long after any actual impairment has worn off. A positive blood or urine test does not prove you were impaired at the time you were driving. It proves you used marijuana at some point. That distinction is one of the most important defense arguments in these cases, and it’s one my team and I know how to make effectively.
If you’re someone who used marijuana recreationally, got pulled over, and are now facing an OWI charge — that’s exactly the kind of case where aggressive, knowledgeable representation makes a real difference.
Other Substances That Lead to Drugged Driving Charges
Marijuana gets the most attention, but drugged driving charges involve a wide range of substances — including medications that people take legally and as prescribed. Prescription painkillers, benzodiazepines like Xanax or Valium, sleep aids, and even some over-the-counter medications can form the basis of an OWI charge if an officer believes your driving was impaired. The fact that a doctor prescribed it is not a defense. The fact that you took it exactly as directed is not a defense. What matters — and what we challenge — is whether the evidence of actual impairment holds up.
How Police Build These Cases — and Where They Fall Apart
When an officer suspects drug impairment, they typically rely on a combination of field sobriety tests, blood or urine testing, dash cam and body cam footage, and in some cases an evaluation by a Drug Recognition Expert, or DRE. That last one sounds more authoritative than it is. A DRE evaluation is a structured observation protocol — but it’s still a human being making subjective judgments, and those judgments can be challenged.
Blood and urine testing has its own problems. Samples can be mishandled, chain of custody can break down, and labs make mistakes. My team and I examine every step of the evidence collection and testing process — because in drug DUI cases, that’s often exactly where the case against you starts to unravel.
My background in addiction studies also means that my team and I understand how these substances actually affect the body — which puts us in a strong position to challenge assumptions about impairment that the prosecution may be taking for granted.
What We Do With a Drugged Driving Case
After arraignment, we get to work. We request and review all of the evidence — police reports, body cam and dash cam footage, chemical test results, lab documentation, and anything else the prosecution intends to use. We look at whether the traffic stop was legally justified, whether field sobriety tests were administered correctly, and whether the chemical testing process followed proper protocols.
If the evidence has legal problems, we push to have it suppressed or the charges dismissed.
If the evidence is solid, we shift focus to negotiating a reduction — because a lesser charge, or an alternative to jail, is a far better outcome than a conviction at the original level. Our job is to avoid as many of the legal penalties and negative consequences as possible.
When all is said and done, success in a DUI case is always best measured by what does NOT happen to you.
Most drugged driving cases are resolved without a trial. But the outcome depends heavily on who’s handling your case and how thoroughly they’ve prepared.
Why Local Experience Matters
My team and I handle Michigan drugged driving and OWI cases throughout Metro Detroit — Wayne, Oakland, Macomb, and the surrounding counties. We know the local courts, the prosecutors, and the judges. We know what arguments land and what doesn’t. That familiarity isn’t a small thing — it’s a meaningful advantage when we’re negotiating on your behalf.
Talk to Our Team — Free and Confidential
All of our consultations are free, confidential, and done over the phone, right when you call. My team and I are very friendly people who will be glad to answer your questions and explain things.
We also publish our fees openly on our website — because we think you deserve to know what things cost before you ever make a decision.
We can be reached Monday through Friday, from 8:30 AM until 5:00 PM, at 586-465-1980. You can also reach us through the contact form on our website, the chat box, or our 24-hour answering service if you’re calling after hours.