Operating With The Presence Of Drugs

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iStock 000012031771Small 300x300 Operating With The Presence Of DrugsOWPD – Operating a Motor Vehicle with the Presence of Drugs:

In Michigan the law prohibits operating a motor vehicle with any amount of a controlled substance in your blood. Introduced in 2003 this law is often referred to as Operating with the Presence of Drugs (OWPD).

The statue, MCL 257.625(8), states: “ A person shall not operate a motor vehicle in the state of Michigan if they have any amount of a controlled substance which is listed in schedule 1.”  Because some controlled substances such as marijuana stay in your system for a number of days after the use, with the “any amount” law in effect, you could be sober and still receive a conviction based on the analysis of bodily fluids. Worse yet, the law does not define what amount is “any amount” and it does not define how the presence of a controlled substance in the driver’s body is to be detected or measured. As discussed supra, an OWPD conviction is much like that of DUI or OWI conviction.

If you have been arrested or charged with Operating with the Presence of Drugs (OWPD), we know the law and can help you understand your rights and develop defenses to charges levied against you. To retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.

The Penalties associated with an OWPD Conviction:

The penalties attached to this new law are extremely stiff and are the same as a 1st time DUI conviction with the exception of a $500 Driver Responsibility Fee verses a $1000, meaning you may face:

  • $100 to $500 in fines and one or more of the following:
  • Jail sentence of up to 93 days
  • Up to 360 hours of community service
  • 30 day suspension of their driver’s license followed by 150 days restrictions
  • Possible immobilization of the vehicle
  • Six points recorded on their driver’s record
  • $500 Driver Responsibility fee for the next two years

Remember, judges have a tremendous amount of discretion when imposing your punishment. Without us, or another competent attorney, you may say or do the wrong thing, increasing your punishment. For this reason, looking for an attorney who practices in the county where you were violated is particularly helpful. That said we regularly practice in the counties of Oakland, Macomb, Wayne, and Lapeer, Livingston, Washtenaw, Genesee, and St. Clair. For more information about Operating with the Presence of Drugs (OWPD), or to retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.

Medical Marijuana’s Catch 22:

Be warned, though drivers in Michigan can legally smoke marijuana provided they have a Michigan Medical Marijuana card, under the statute, marijuana is listed as a schedule 1 substance and the Motor Vehicle Code prohibits the operation of a motor vehicle with the presence of the controlled substance in a driver’s body. Though these cases are rare, marijuana can last in your body up to 30 days after last usage, meaning you could be at risk of arrest every time you get behind the wheel.

Per MCL 333.7212, In Michigan Schedule 1 controlled substances include:

(a) Any of the following opiates, including their isomers, esters, the ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, when the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:

Acetylmethadol Difenoxin Noracymethadol
Allylprodine Dimenoxadol Norlevorphanol
Alpha-acetylmethadol Dimepheptanol Normethadone
Alphameprodine Dimethylthiambutene Norpipanone
Alphamethadol Dioxaphetyl butyrate Phenadoxone
Benzethidine Dipipanone Phenampromide
Betacetylmethadol Ethylmethylthiambutene Phenomorphan
Betameprodine Etonitazene Phenoperidine
Betamethadol Etoxeridine Piritramide
Betaprodine Furethidine Proheptazine
Clonitazene Hydroxypethidine Properidine
Dextromoramide Ketobemidone Propiram
Diampromide Levomoramide Racemoramide
Diethylthiambutene Levophenacylmorphan Trimeperidine
Morpheridine

(b) Any of the following opium derivatives, their salts, isomers, and salts of isomers, unless specifically excepted, when the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

Acetorphine Drotebanol Morphine-N-Oxide
Acetyldihydrocodeine Etorphine Myrophine
Benzylmorphine Heroin Nicocodeine
Codeine methylbromide Hydromorphinol Nicomorphine
Codeine-N-Oxide Methyldesorphine Normorphine
Cyprenorphine Methyldihydromorphine Pholcodine
Desomorphine Morphine methylbromide Thebacon
Dihydromorphine Morphine methylsulfonate

(c) Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, when the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

2-Methylamino-1-phenylpropan-1-one
Some trade and other names:
Methcathinone
Cat
Ephedrone
3, 4-methylenedioxy amphetamine
5-methoxy-3, 4-methylenedioxy
amphetamine
3, 4, 5-trimethoxy amphetamine
Bufotenine
Some trade and other names:
3-(B-dimethylaminoethyl)-5 hydrozyindole
3-(2-dimethylaminoethyl)-5 indolol
N,N-dimethylserotonin; 5-hydroxy-N-dimethyltryptamine
Mappine
2, 5-Dimethoxyamphetamine
Some trade or other names:
2, 5-Dimethoxy-a-methylphenethylamine; 2,5-DMA
4-Bromo-2, 5-Dimethoxyamphetamine
Some trade or other names:
4-bromo-2, 5 dimethoxy-a-methylphenethylamine; 4-bromo
2,5-DMA
Diethyltryptamine
Some trade and other names:
N,N-Diethyltryptamine; DET
Dimethyltryptamine
Some trade or other names:
DMT
4-methyl-2, 5-dimethoxyamphetamine
Some trade and other names:
4-methyl-2, 5-dimethoxy-a-methyl-phenethylamine
DOM, STP
4-methoxyamphetamine
Some trade or other names:
4-methoxy-a-methylphenethylamine; paramethoxy amphetamine;
PMA
Ibogaine
Some trade and other names:
7-Ethyl-6,6a,7,8,9,10,12,13
Octahydro-2-methoxy-6,9-methano-5H-
pyrido (1, 2:1, 2 azepino 4, 5-b) indole
tabernanthe iboga
Lysergic acid diethylamide
Marihuana
Mecloqualone
Mescaline
Peyote
N-ethyl-3 piperidyl benzilate
N-methyl-3 piperidyl benzilate
Psilocybin
Psilocyn
Thiophene analog of phencyclidine
Some trade or other names:
1-(1-(2-thienyl)cyclohexyl) piperidine)
2-thienyl analog of phencyclidine; TPCP

(d) Synthetic equivalents of the substances contained in the plant, or in the resinous extractives of cannabis and synthetic substances, derivatives, and their isomers with similar chemical structure or pharmacological activity, or both, such as the following, are included in schedule 1:

(i) /1 cis or trans tetrahydrocannabinol, and their optical isomers.

(ii) /6 cis or trans tetrahydrocannabinol, and their optical isomers.

(iii) /3,4, cis or trans tetrahydrocannabinol, and their optical isomers.

(e) Compounds of structures of substances referred to in subdivision (d), regardless of numerical designation of atomic positions, are included.

(f) Gamma-hydroxybutyrate and any isomer, salt, or salt of isomer of gamma-hydroxybutyrate.

Some trade and other names:
Sodium oxybate
4-hydroxybutanoic acid monosodium salt

(g) 3,4-methylenedioxymethamphetamine.

Some trade and other names:
Ecstasy
MDMA
N-Benzylpiperazine
Some trade and other names:
BZP
Benzylpiperazine
1-(phenylmethyl)-piperazine
3-Chlorophenylpiperazine
Some trade and other names:
MCPP
1-(3-Trifluoromethylphenyl)piperazine
Some trade and other names:
TFMPP
4-Bromo-2,5-dimethoxybenzylpiperazine
Some trade and other names:
2C-B-BZP

(h) All of the following:

(i) (6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol.

Some trade and other names:
HU-210

(ii) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol and its side chain homologues.

Some trade and other names:
CP47,497

(iii) 1-pentyl-3-(1-naphthoyl)indole.

Some trade and other names:
JWH-018

(iv) 1-butyl-3-(1-naphthoyl)indole.

Some trade and other names:
JWH-073

(v) (2-methyl-1-propyl-1H-indol-3-yl)-1-naphthalenyl-methanone.

Some trade and other names:
JWH-015

(vi) [1-[2-(4-morpholinyl)ethyl]-1H-indol-3-yl]-1-naphthalenyl-methanone.

Some trade and other names:
JWH-200

(vii) 1-(1-pentyl-1H-indol-3-yl)-2-(2-methoxyphenyl)-ethanone.

Some trade and other names:
JWH-250

(i) Mephradone (4-methylmethcathinone).

Some trade and other names:
4-MMC, M-Cat, meow meow, bounce, bubbles, and mad cow

(j) 4-Methyl-alpha-pyrrolidinobutyrophenone.

Some trade and other names:
MPBP

(k) Catha edulis; except as provided in subdivision (l) and section 7218, all parts of the plant presently classified botanically as catha edulis, whether growing or not; the leaves and seeds of that plant; any extract from any part of that plant; and every compound, salt, derivative, mixture, or preparation of that plant or its leaves, seeds, or extracts.

Some trade and other names:
Khat
Qat

(l) Cathinone.

(m) Salvia divinorum; except as provided in subdivision (n), all parts of the plant presently classified botanically as salvia divinorum, whether growing or not; the leaves and seeds of that plant; any extract from any part of that plant; and every compound, salt, derivative, mixture, or preparation of that plant or its leaves, seeds, or extracts.

(n) Salvinorin A.

Why hire us?

One of the greatest advantages of hiring our firm is the connections we bring to the process. Typically we know the prosecutor and the judge, allowing us to anticipate the judge’s reactions, understand how the prosecutor will want to proceed, and to negotiate the best deal for our clients in efforts of removing as much uncertainty from the process as possible. For this reason, looking for an attorney who practices in the county where you were violated is particularly helpful. That said we regularly practice in the counties of Oakland, Macomb, Wayne, and Lapeer, Livingston, Washtenaw, Genesee, and St. Clair.

Let us help you navigate the Court system’s rough waters, and keep you out of jail. For more information about Operating with the Presence of Drugs (OWPD), and to retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.

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