Michigan Criminal Defense Attorneys for OWPD
Michigan laws routinely change regarding alcohol and drug related driving offenses. The laws regarding operating a vehicle under the influence of drugs and other controlled substances change as well.
New Laws for Driving with Controlled Substances
Recent changes in the law regarding driving with controlled substances in a person’s body are reflected in the recently amended Standard Criminal Jury Instructions (CJI). Because these charges carry potentially severe consequences and a conviction can never be expunged, 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
CJI 15.3a is titled, “Operating with Any Amount of Schedule 1 or 2 Controlled Substances.” The jury instruction would be read to a jury being asked to deliberate whether a defendant is guilty of operating with any amount of controlled substance pursuant 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 his or her 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, that the defendant was operating a motor vehicle. “Operating” means driving or having actual physical control of the vehicle.
(2) Second, that 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, that while operating the vehicle, the defendant had any amount of a schedule 1 or 2 controlled substance in his body.
Defense Attorney for OWPD and all OWI Related Charges in Michigan
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
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 a Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
