Driving under the influence is a serious offense in the United States of America. It is even taken more seriously in the state of Michigan. The state is known to have some of the country’s most severe DUI penalties and laws. There are various instances whereby one may be found guilty of the offense in the first place. One of the most obvious ways is by being intoxicated with alcohol. There is always a limit for this. Drivers who are over the age of majority, that is 21, are liable for the offense if their blood alcohol content is recorded above 0.08%.
In Michigan, the laws on DUI do not only center on alcohol as a form of intoxication. Being under the influence of drugs will also suffice. For you to be found guilty of driving under the influence in this case, one has to be intoxicated with a drug which is illegal. One of such drugs is marijuana. Therefore, if an intoxicated driver is found with marijuana in their system, they face the same penalties set out under the laws of drunk driving. All that the prosecution will prove when the driver is arraigned in court is that he or she was found driving while marijuana was in their system.
Carrying marijuana in the state of Michigan does not carry a very severe punishment. Michigan is known for not making any major distinction between offenses involving marijuana and the act of possessing the drug. This is to mean that in Michigan there is little separation of the offense in terms of age and the amount of marijuana found on the offender. If a driver is found in possession of the drug, he or she has committed a misdemeanor. The law prescribes a maximum of one year jail term or a fine of not more than $ 2000 as penalty for being in possession of marijuana. If you find yourself needing help, you should contact a Lansing criminal defense attorney for more information and to get your questions asked.
Another crime which is committed by someone in possession of marijuana is actually smoking it. This may earn one a jail term of 90 days or a fine of $ 100. However, the judge may exercise his discretion and increase or lessen the jail term or fine. This, however, depends on the circumstances of the case. The judge may also grant the offender conditional discharge in a possession case. Apart from jail term and fines, the judge may also decide to apply alternative sentencing measures such as rehabilitation, probation and community service.
For a driver who is found smoking in public or private, Michigan laws see it as a felony. This specific crime attracts a jail term of two years. The judge may decide to grant conditional discharge for a first offender. One important thing to note is that Michigan does not recognize medical marijuana as being legal in the state. It will still be an offense for a driver to possess medical marijuana in the state. For a driver who finds himself in a criminal case involving drunk driving and especially possession of marijuana, looking for the best DUI lawyer you can afford is important.