When it comes to prescription drugs and driving, there are several crucial factors you need to be aware of to protect your safety and comply with Michigan law. While prescription medications are often prescribed to treat various medical conditions, they can also have significant effects on your ability to drive safely. Understanding the potential risks and legal implications of driving under the influence of prescription drugs is essential if you live in Michigan.
If you find yourself facing legal issues related to driving under the influence of prescription drugs, seeking the help of a skilled lawyer is crucial. At Michigan Defense Law, our team of experienced Oakland County drug DUI lawyers can guide you through the legal process, assess the strength of the prosecution’s case, and develop a strong defense strategy tailored to your situation. Contact us today at (248) 451-2200 to schedule a consultation.
Michigan Laws on Driving Under the Influence of Drugs
The offense of Driving Under the Influence of Drugs, or DUID, does not distinguish between prescription and non-prescription drugs. Just because you are taking medication that was legally prescribed by a physician does not mean you are automatically immune from a DUID charge.
In Michigan, it is illegal to drive:
- With a blood-alcohol level above 0.08 percent if you are over 21 years old;
- With a blood-alcohol level of 0.02 if you are under 21;
- While intoxicated or impaired by alcohol, illegal drugs or some prescribed medications;
- With any amount of cocaine or a Schedule 1 controlled substance in your body.
Criminal penalties may include incarceration, fines, probation and license suspension. For repeat offenses, the consequences are harsher and may result in lengthy jail time, loss of vehicle registration and a required interlock ignition device on your car.
Penalties for Prescription Drug-Impaired Driving in Michigan
In Michigan, driving under the influence of prescription drugs can carry the same penalties as driving under the influence of illegal substances. Section 257.625 of the Michigan Vehicle Code outlines strict consequences depending on whether it’s a first, second, or third offense.
First Offense:
A first conviction for driving under the influence of a Schedule 1 controlled substance or cocaine is treated as a misdemeanor. Penalties can include up to 93 days in jail, fines of up to $500, and up to 360 hours of community service. The driver’s license may be suspended for 30 days, followed by a 150-day restriction period. The offense also adds six points to your driving record.
Second Offense:
If you have a prior OWI conviction, a second offense remains a misdemeanor but carries tougher penalties. These include a minimum of five days and up to one year in jail, fines of up to $1,000, and between 30 and 90 days of community service. The driver’s license is revoked for at least one year, and the court may order vehicle immobilization or forfeiture. Six points are again added to your license.
Third or Subsequent Offense:
A third conviction is a felony. Penalties can include one to five years in prison or probation with 30 days to one year in jail. Fines can reach $5,000, and up to 180 days of community service may be required. The driver’s license is revoked, registration may be denied, and six points are added to your record.
Facing prescription drug-related driving under the influence charges in Michigan can have serious consequences that affect your freedom, driving privileges, and future. If you’re accused of driving after taking prescription medication, consulting a skilled Michigan defense attorney can help you understand your options and protect your rights.
| Offense Level | Penalties | Additional Details |
|---|---|---|
| First Offense | Up to 93 days in jail, fines up to $500, up to 360 hours of community service, license suspended for 30 days followed by 150 days restricted, 6 points added to driving record. | Misdemeanor; license suspension up to 180 days possible. |
| Second Offense | 5 days to 1 year in jail, fines up to $1,000, 30 to 90 days of community service, license revoked for at least one year, possible vehicle immobilization or forfeiture, 6 points added. | Misdemeanor; license revocation minimum 1 year. |
| Third or Subsequent Offense | Felony; 1 to 5 years in prison or probation with 30 days to 1 year in jail, fines up to $5,000, up to 180 days of community service, license revoked, registration may be denied, 6 points added. | Felony conviction; possible vehicle denial or forfeiture. |
Six Things To Know About Drugs and Driving in Michigan
- You can be convicted of a criminal offense of Operating with the Presence of Drugs, or OWPD, if you are driving with any illicit drug in your system. The state does not have to prove that you were “high” or that your driving was erratic in order to convict you.
- Everyone’s metabolism is different. It is difficult to predict the effect of drugs and medications on your ability to drive a motor vehicle.
- If you are taking a prescribed medication, read the warning label carefully. Talk to your doctor or pharmacist about whether you will be able to safely get behind the wheel.
- Some drugs – such as antihistamines found in cold and allergy preparations, tranquilizers, sleeping pills and pain relievers – may cause drowsiness.
- Diet pills and stimulants such as caffeine, ephedrine, or pseudoephedrine may cause excitability and jumpiness.
- Taking drugs in combination can be especially dangerous. Know the contents and side effects of any drugs you take. Be sure it is safe to drive when you use them.
If you are charged with an alcohol or drug-related driving offense, an experienced Oakland County DUI lawyer can explain your legal rights and options in greater detail.
Oakland County Drug DUI lawyer
Paul J. Tafelski
Paul J. Tafelski is a seasoned Oakland County drug DUI lawyer with more than 20 years of experience defending clients throughout Michigan. A graduate of Michigan State University and the Detroit College of Law, Paul has built a reputation for excellence, integrity, and proven results. He is a member of the Michigan Bar Association, the American Bar Association, the Oakland County Bar Association, the Criminal Defense Lawyers of Michigan, and the Advocates (Polish Bar Association). Licensed in all Michigan state and federal courts, Paul is known for his ability to handle complex legal issues with skill and precision.
Over his career, Mr. Tafelski has successfully defended hundreds of clients facing drug- and alcohol-related DUI charges, earning recognition as one of Michigan’s top criminal defense attorneys by Super Lawyers (2011–2013, 2017–2021) and Leading Lawyer (2017). His approach is strategic, persuasive, and deeply client-focused, working tirelessly to minimize penalties, protect driving privileges, and preserve his clients’ freedom. Whether in negotiation or trial, Paul is dedicated to achieving the best possible results so clients can move forward with their lives.
Can You Drive on Xanax
Even if you have a legitimate prescription for a controlled substance such as Xanax, Vicodin, or Adderall, you can still face charges for driving under the influence of drugs. Just like with driving under the influence of alcohol, the prosecution needs to provide evidence that the drug impaired your ability to drive.
When it comes to the charge of driving under the influence of drugs (DUID), there is no differentiation made between prescribed and non-prescribed substances. Simply having a valid prescription from your doctor does not automatically shield you from potential charges.
The consequences for such offenses can include imprisonment, fines, probation, and the suspension of your driver’s license. For repeat offenders, the penalties become more severe, potentially resulting in longer jail sentences, the revocation of vehicle registration, and the mandatory installation of an ignition interlock device in your car.
An experienced drug DUI lawyer can provide essential legal advice and represent you in court, guiding you through the complicated legal processes associated with DUID charges. At Michigan Defense Law, our team can challenge the presented evidence and potentially negotiate reduced penalties or even have the charges dismissed in certain cases. Contact us today to learn more about how we can help.
Challenging Prescription Drug-Impaired Driving Charges in Michigan
When someone is accused of driving under the influence of drugs in Michigan, drug driving lawyers focus on identifying weaknesses in the prosecution’s case. These cases often rely on police observations, field sobriety tests, and chemical testing. Each of these areas can be challenged based on accuracy, procedure, and legality.
An attorney will often start by reviewing how the traffic stop was conducted. If the officer lacked a valid reason for stopping the driver, any evidence gathered afterward could be questioned or even thrown out. They also examine whether the arrest followed proper legal steps and if the driver’s rights were respected throughout the process.
Drug testing is another important area. Blood or urine tests are not always reliable indicators of actual impairment at the time of driving. For example, traces of certain drugs can stay in a person’s system long after the effects have worn off. Attorneys may use this fact to argue that test results do not prove impairment.
Finally, attorneys look at how the evidence was handled. Mistakes in documentation, testing, or storage can affect the credibility of the results. Through careful review of every detail, defense attorneys work to show that there is reasonable doubt about whether the driver was truly impaired.
Oakland County drug driving lawyers at Michigan Defense Law can challenge every detail to protect clients’ rights and to question whether the evidence truly proves drug impairment beyond a reasonable doubt.
Protecting Your Rights After a Drug-Related DUI in Michigan
Careful consideration of how prescription drugs can impact your ability to drive in Michigan is crucial for avoiding serious legal consequences. Even when taken as directed, certain medications can impair your reaction time, coordination, and judgment, putting you at risk for a drugged driving charge. Michigan law does not distinguish between illegal substances and prescribed medications if they affect your ability to operate a vehicle safely. Knowing your rights, the effects of your prescriptions, and how law enforcement evaluates impairment can help protect your record, your license, and your future.
If you’ve been charged with driving under the influence of prescription drugs in Oakland County, the experienced drug DUI lawyers at Michigan Defense Law can help. Our legal team understands the challenges of Michigan’s impaired driving laws and how to challenge questionable evidence, field sobriety tests, and chemical test results. We are dedicated to protecting our clients’ rights, minimizing penalties, and securing the best possible outcome for each case. Contact us today at (248) 451-2200 for a consultation and let our skilled attorneys help you move forward with confidence and care.
