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.