Attorneys Explain OWPD & OUID Drug Driving
Our Detroit area attorneys have helped hundreds of clients in Wayne, Oakland and Macomb County with “drugged driving” cases. Here we explain the differences between OWPD, OUID, and the penalties that apply to each type of driving under the influence of drugs.
Keep in mind that this information is general in nature – and the best way to understand how the law applies to your situation is to speak to one of our experienced Detroit OWP attorneys.
OWPD – Illegal / Schedule 1 Drugs
If any Schedule 1 Drug or Cocaine (even a trace) is found in your blood you can be convicted of OWPD. You do NOT have to appear impaired to be charged.
Schedule 1 Drugs are defined as drugs “having no currently accepted medical use in the United States, a lack of accepted safety for use under medical supervision, and a high potential for abuse.” Schedule 1 drugs include: heroin, LSD, Peyote, Quaaludes, Ecstasy and many more.
Marijuana (cannabis) is also included as a Class 1 drug despite the fact that it is legal in some cities or and can be used as a medicinal drug.
The bottom line is that if ANY Schedule 1 drugs (even trace amounts) are found in your system when you have operated a vehicle you can be charged and convicted of OWPD. Even if you were not driving erratically or dangerously. Unlike OWI which requires a blood alcohol content above Michigan’s legal limit of 0.08%, in Schedule 1 drug cases, no legal limit exists.
This ultimately means you may be charged with OWPD if you are completely sober and have not taken the drug in days or weeks.
Detroit Michigan OWPD Penalties:
First offense OWPD penalties include up to $500 in fines, up to 93 days in jail, up to 360 hours of community service, 30 day driver’s license suspension (followed by 150 days restricted license),as well as possible ignition interlock and/or possible vehicle immobilization.
Second Offense OWPD sentences include between 5 days and one year in jail, fines up to $1,000, up to 90 days of community service, vehicle immobilization, driver’s license revocation for a minimum of one year, and more.
Third offense OWPD is a felony that potentially carries a sentence of 5 years in prison, fines of up to $5,000, and loss of driving privilege for 5 years or even longer.
For this reason it is important to have a skilled Detroit OWPD attorney handle your case. In some cases they may be able to challenge the traffic stop, the evidence, or even the blood test results. In other cases – where the evidence is simply irrefutable – a skilled Detroit OWPD attorney can usually negotiate a better plea deal that reduces the charges, the penalties and the jail sentence.
OUID – Operating Under the Influence of Drugs
Even if you have a prescription for the drugs you are taking, you can still be charged with OUID (Operating Under the Influence of Drugs) and/or OWVI (Operating While Visibly Impaired), if the police officer determines that you are unable to safely drive a motor vehicle.
If you are caught driving while taking OxyContin, Xanax, Percocet, Valium, Ambien or many other prescription medications, you can be charged and convicted. And Unlike OWI which requires a blood alcohol content above Michigan’s legal limit of 0.08%, there is no legal limit for drugs. If the officer thinks you are impaired you can be arrested.
Detroit Michigan OUID Penalties
First offense OUID conviction carries, fines of up to $500, mandatory community service, and as much as 90 days in jail. A second conviction within 7 years of the first carries up to a one-year jail sentence, driver’s license revocation, and fines of up to $1,000.
Third offense OUID – at any point – potentially carries a sentence of 5 years in prison, fines of up to $5,000, and loss of driving privilege for 5 years or even longer.