Driving while impaired by marijuana or another drug is charged as OWI in Michigan and carries the same penalties as drunk driving. Michigan has no legal THC limit like the 0.08 alcohol limit, so these cases usually depend on evidence of actual impairment, which can often be challenged.
Recreational marijuana is legal for adults in Michigan, but driving while impaired by it is not. The same is true for prescription medications and other drugs. These charges carry the same penalties as alcohol-based OWI, but the evidence is very different.
Why these cases are different
- No legal limit. There is no THC equivalent of the 0.08 alcohol limit for adult drivers. The prosecutor generally has to prove impairment.
- THC lingers. THC can show up in blood tests long after its effects have faded, so a positive result doesn’t prove you were impaired while driving.
- Officer observations matter. Many cases rely on field sobriety tests and evaluations by officers trained as drug recognition experts. These are subjective and can be challenged.
- Prescriptions. Taking a lawfully prescribed medication is not a defense if it impaired your driving, but it can affect how the case is handled.
Penalties
A drugged driving conviction carries the same penalties as alcohol OWI: jail, fines, license sanctions, six points and higher insurance. Repeat offenses and crashes causing injury bring harsher penalties. See all OWI penalties.
How we defend these charges
We challenge the reason for the stop, the officer’s observations and testing, the drug recognition evaluation, the blood draw and lab analysis, and whether the evidence actually shows impairment at the time of driving.
Frequently asked questions
Is there a legal THC limit for driving in Michigan?
No. Unlike the 0.08 alcohol limit, Michigan has no set THC level that automatically proves impairment for adults. Prosecutors generally must prove you were actually impaired.
Can I be charged if I used marijuana days ago?
THC can remain in the blood long after its effects wear off, so a positive test alone doesn’t necessarily prove you were impaired while driving. This is often a key defense.