Anyone who uses or knows someone who uses marijuana in Michigan, either lawfully or unlawfully, should be aware that roadside testing for marijuana use is coming soon to Michigan.
OWI in Michigan means operating while intoxicated. Traditionally this law has applied to intoxication by alcohol, but as alcohol-related arrests go down, Michigan’s law makers are changing the applicable laws to more broadly apply to and therefore include the crime of drugged driving.
Similarly, Michigan’s law enforcement officers are ramping up arrests for the similar crime of driving under the influence of drugs. Because marijuana is so commonly used and abused, driving under the influence of marijuana is the second most common reason people in Michigan are arrested for OWI. The crime of OWI can be based on either alcohol or drugs. The term “drug” is very broadly defined in Michigan, and can include both licit and illicit drugs.
Marijuana can fit into both categories because medical marijuana patients can lawfully possess and consume medical marijuana. However, it is currently unlawful under all circumstances to drive under the influence of marijuana in Michigan. For those not protected with a medical marijuana prescription in Michigan, OWI marijuana is a zero tolerance crime, meaning intoxication need not be proved.
Either way, in making the arrest/no arrest decision, it is very helpful for law enforcement to have some sort of reliable means of roadside testing. This way, if they smell marijuana, or otherwise suspect its use, they can confirm that the driver has the drug in his/her system by a simple roadside test. In addition to be accurate and easy to use, the test must also be lawful.
Accordingly, Michigan’s lawmakers have proposed amendments to Michigan’s motor vehicle code which would allow the use of roadside testing. Often caused saliva field tests or swabs, it is claimed that these new tests will allow the accurate determination of prior marijuana use.
Mlive puts it this way:
Sgt. Dwayne Gill, legislative liaison for the Michigan State Police, told the House panel that the changes would “put a new tool in our toolbox” for dealing with drugged driving, but that police would not immediately use the tests until the science behind them was proven.
As with all forms of testing, particularly roadside testing, saliva swabs are prone to false positives, meaning innocent people can be carted off to jail.
If you have been arrested in Michigan for OWI marijuana, please contact the Barone Defense Firm for your FREE no obligation consultation. We will discuss with you if it is possible to fight and win your case.
Roadside Testing for Marijuana Use Coming Soon to Michigan | Michigan DUI Lawyer
No comments:
Post a Comment