How do the police try to prove that a driver is “under the influence?”

First, they administer a series of Standardized Field Sobriety Tests (SFTs) designed to test a person’s ability to simultaneously process and perform physical and mental tasks.  Second, they seek consent or a warrant for a driver’s blood, hoping to find proof of a controlled substance---including THC.  Third, they often bring to the arrest scene a specialized police officer called a “DRE” (Drug Recognition Expert). DREs typically use more comprehensive testing than in traditional alcohol-related arrests to determine whether a driver is under the influence of a drug. However, just last month (November 10 2022), the Michigan Court of Appeals has ruled that it was improper for a DRE to offer an “ultimate” opinion as to whether a driver was under the influence of marijuana (People v.  Bowden).  

Learn more about marijuana and if you could be arrested for OWI here.

If you need help with your driver’s license reinstatement in Michigan after an OWI related arrest because of marijuana or any other controlled substances, please call for a consultation at (734) 263-2780, or visit us online at GLGMichigan.com. We’re available 24/7, and are fully committed to providing personal attention, personal options and personal justice to every single client we represent. 

Common Questions About Marijuana & DUI

Just like driving under the influence of alcohol, driving while under the influence of a controlled substance is illegal under Michigan law. But what about marijuana? Is that a controlled substance for which you could be arrested and convicted of OWI?  What if you have a medical marijuana license in the State of Michigan?

The legalization of marijuana and the proliferation of medical-use marijuana in Michigan has caused confusion about the legality of driving after ingesting, smoking or using marijuana. Put simply, there’s a lot of “grey area” in this field. Generally speaking, if someone is under the influence of THC (the active “intoxicant” of marijuana) while operating a motor vehicle, they can be charged with a crime.

Learn more about marijuana and if you could be arrested for OWI here.

If you need help with your driver’s license reinstatement in Michigan after an OWI related arrest because of marijuana or any other controlled substances, please call for a consultation at (734) 263-2780, or visit us online at GLGMichigan.com. We’re available 24/7, and are fully committed to providing personal attention, personal options and personal justice to every single client we represent.