Operating with the Presence of Drugs (OWPD)

Operating With Presence of Drugs

The state of Michigan enacted a law some short years ago, which created a new crime, Operating While in the Presence of Drugs. While driving under the influence of drugs has always been illegal, it has been placed within the overhauled OWI charge, and this law includes the Operating with the Presence of Drug charge. Severity charges for OWPD depend on numerous factors, like if this is the drivers first, second, or third offense in any of the drug or drinking offenses. Showing an individual was OWI due to OWPD a prosecutor must only show that certain schedule 1 drugs were present, in any amount, in the driver’s blood. The prosecution doesn’t need evidence that drugs actually caused impairment, because these schedule 1 drugs are thought of as “zero tolerance” drugs. Trace amounts of drugs can stay in an individual’s system for various amounts of time. Although the driver may not be high when they were operating the vehicle, this is an absolutely crucial time to discuss your case with the lawyers at Rudoi Law who will work hard at getting you the results you want.

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