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Michigan OWPD Drunk Driving Law Information

Michigan Operating With the Presence of Drugs (OWPD)

Operating With the Presence of Drugs (OWPD) is a Michigan drugged driving crime. It is illegal to operate a motor vehicle upon a highway or other place open to the public or generally accessible to motor vehicles if a person has any amount of certain drugs in their systems. These drugs include Cocaine and all Schedule 1 drugs, such as Marijuana, GHB, Ecstasy, and Heroin. There has been a lot of litigation in Michigan over what the OWPD law means when it says “any amount.” For example, what if someone smoked Crack Cocaine one month ago, and some of the metabolites still remain in their system, yet they are not “high” while they are driving? This is a question to discuss with your drunk driving lawyer.

Penalties for OWPD in Michigan:
The penalties for OWPD are the exact same as the penalties for Michigan Operating While Intoxicated (OWI) offenses:

First OWPD Conviction—Misdemeanor
Possible up to 93 days in jail
Possible up to 360 hours of community
Possible fine of up to $500
Possible vehicle immobilization
Possible ignition interlock
Driver’s license: 30 days suspended, 150 days restricted
Driver’s license: 6 points
Driver Responsibility Fees

Second OWPD Conviction in last 7 years—Misdemeanor
Possible 5 days to 1 year in jail
Possible 30 days to 90 days of community service
Mandatory fine of $200 to $1,000
Mandatory vehicle immobilization
Possible ignition interlock
Driver’s license: minimum 1 year revoked
Driver’s license: 6 points
Driver Responsibility Fees

Third OWPD Conviction in a lifetime—Felony
Possible 1 year to 5 years in prison
Possible 30 days to 1 year in jail, probation, and community service for 60 days to 180 days
Mandatory fine of up to $5,000
Mandatory vehicle immobilization
Possible ignition interlock
Driver’s license: minimum 5 years revoked
Driver’s License: 6 points
Driver Responsibility Fees

Serious injury or death: If your Michigan OWPD crime causes someone to be severely injured or killed, you can expect the punishments to be exceptionally heightened, especially for a second or subsequent offense. The Michigan sentencing guidelines require substantial prison time for convictions on these offenses. If you are facing a serious injury or death case, it is vital that you begin to work immediately with a skilled and experienced lawyer.

Your Operating With the Presence of Drugs lawyer:
The team of attorneys at Kronzek & Cronkright, PLLC, is dedicated to fighting your Michigan OWPD charges. We have been practicing drunk driving defense for over 80 combined years. During that time, we have earned a reputation as being tough defenders of our clients. We know what it takes to get your case dismissed, and we fight to win!

Email us or call us at (866) 766-5245. We offer free initial consultations!

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© 2012 Michigan OUI Defense

Kronzek & Cronkright PLLC. practices law throughout the state of Michigan including, but not limited to, the following geographical areas: Ingham County, Livingston County, Washtenaw County, Jackson County, Calhoun County, Eaton County, Barry County, Ionia County, Montcalm County, Clinton County, Gratiot County and Kent County. This includes the following cities and towns: Lansing, Howell, Brighton, Corunna, Durand, St. Johns, Ithaca, Stanton, Greenville, Ionia, Hastings, Charlotte, Battle Creek, Jackson and Ann Arbor.

The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. All of the individuals pictured here were associated with the law firm at the time the photograph was taken.