Michigan Criminal Defense Attorneys for OWPD

New Laws for Driving with Controlled Substances

The recently amended Standard Criminal Jury Instructions (CJI) reflect recent changes in the law regarding driving with controlled substances in a person’s body. Because these charges carry potentially severe consequences and are potentially inexpungible, it is essential that you have the best lawyer you can get to protect and defend you in court when charged with OWI or Operating with any Amount of Controlled Substance (OWPD).

Operating With Any Amount of Controlled Substance Jury Instruction

Standard Criminal Jury Instruction (CJI) 15.3a is titled, “Operating with Any Amount of Schedule 1 or 2 Controlled Substances.” A judge would read the jury instruction to a jury deliberating whether a defendant is guilty of operating with any amount of controlled substance according to MCL 257.625(8). That section of the law reads as follows:

(8) A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person has in their body any amount of a controlled substance listed in schedule 1 under section 7212 of the public health code, 1978 PA 368, MCL 333.7212, or a rule promulgated under that section, or of a controlled substance described in section 7214(a)(iv) of the public health code, 1978 PA 368, MCL 333.7214.

To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(1) First, the defendant was operating a motor vehicle. “Operating” means driving or having actual physical control of the vehicle.

(2) Second, the defendant was operating the vehicle on a highway or other place that was open to the public or a place that is generally accessible to motor vehicles, including any designated parking area.

(3) Third, while operating the vehicle, the defendant had any amount of a schedule 1 or 2 controlled substance in his body.

If you are charged with any of the following offenses listed below and want a winning defense, please call LEWIS & DICKSTEIN, P.L.L.C., for a free consultation.

OWI – Operating While Impaired
OWID – Operating While Impaired Drunk
Operating with Any Amount of Schedule 1 or 2 Controlled Substance
Operating While Intoxicated by Alcohol
OWI Causing Serious Injury
OWI with Minor Child
OWI Second Offense – Misdemeanor – Max 1 year
DUI – Driving Under the Influence
MIP -Minor in Possession
OWI First Offense – Misdemeanor – Max 93 days
Operating While Under the Influence of Drugs
OWI Causing Death
Operating Under the Influence of Alcohol
OWI Third Offense – Felony – Max 5 Years in Prison

Can someone operating with any amount of a controlled substance be charged with OWI 3rd?

Under Michigan law, anyone with two prior convictions for alcohol-related driving offenses, including OWI, DUI, OWVI, and Minor with a BAC, will face felony OWI 3rd charges if they face a new allegation of operating a vehicle under the influence of alcohol or drugs. A felony charge for Operating With Any Amount of Controlled Substance is a felony punishable by a minimum of 30 days in jail and up to 5 years in prison. In addition, a judge can order years of probation and hefty fines. A new change in OWI law now permits a sentencing judge to order probation without the mandatory minimum jail time if the defendant proactively seeks and completes substance abuse treatment.

Your Best Defense to Operating With Any Amount of Controlled Substance Charges

If you face Operating With Any Amount of Controlled Substance charges, also known as OWPD, our experienced and effective defense attorneys are ready, willing, and able to help you. Call LEWIS & DICKSTEIN, P.L.L.C. for a free consultation, and we will take the time to talk with you, answer your questions, and address your concerns. We routinely practice in district and circuit courts throughout Southeastern Michigan and will know exactly how to help you. Together, we will develop a winning strategy.

Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.