Third offense
Zero tolerance for some drugs
Zero tolerance for THC only
Enhanced penalties
0.17
Seven years
In compliance with Federal requirements
Good Samaritan law enacted
Administrative penalties
No 24/7 legislation
ALS/ALR law enacted
Prohibited
Habitual Offender Law Enacted
101-150 DREs
26+ DUI Courts
31-40 Hybrid Courts
No cannabis open container law
Decriminalized
Blood, urine, and saliva
No affirmative defense
No Data Available
Not authorized to use e-warrants
No Data Available
No legislation introduced
No low BAC provisions
active
Mandatory high-BAC and repeat offender
Legislation
Cannabis
Judicial license suspension/revocation
Distinctive License & No Seizure Law
Has legal authority to implement No Refusal program
Oral fluid testing authorized
257.625a - Learn More
A peace officer who has reasonable cause to believe that a person was operating a vehicle upon a public highway or other place open to the public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state and that the person by the consumption of alcoholic liquor, a controlled substance, or other intoxicating substance or a combination of them may have affected his or her ability to operate a vehicle, or reasonable cause to believe that a person was operating a commercial motor vehicle within the state while the person's blood, breath, or urine contained any measurable amount of alcohol, a controlled substance, or any other intoxicating substance or while the person had any detectable presence of alcoholic liquor, a controlled substance or any other intoxicating substance, or any combination of them, or reasonable cause to believe that a person who is less than 21 years of age was operating a vehicle upon a public highway or other place open to the public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state while the person had any bodily alcohol content as that term is defined in section 625(6), may require the person to submit to a preliminary chemical breath analysis.
257.625a - Learn More
Yes
257.625a - Learn More
Yes
No Data Available
Pilot program was authorized by law but has since concluded. Authorization legislation is pending.
257.625a - Learn More
Yes - Breath
257.625(1),(8) - Learn More
Under Michigan law, it is illegal to drive:
While intoxicated, or impaired, by alcohol, controlled substance, or other intoxicating substance.
With any amount of cocaine or a Schedule 1 controlled substance in your body.
257.625(1),(8) - Learn More
Under Michigan law, it is illegal to drive:
While intoxicated, or impaired, by alcohol, controlled substance, or other intoxicating substance.
With any amount of cocaine or a Schedule 1 controlled substance in your body.
257.625(1),(8) - Learn More
Refusing to take this test has driver's license consequences that are separate from those that result from any conviction that flows from the traffic stop. You may request an administrative hearing regarding the alleged refusal. At the hearing, the law enforcement officer would have to prove certain things before the statutory consequences would apply. If you do not request the hearing, or if the officer proves his or her case at the hearing, the following will happen:
Six points will be added to your driving record.
Your license will be suspended for 1 year if it is the first time you refused to take the test under the Implied Consent law.
Your license will be suspended for 2 years if you refused to take the test one or more times within the preceding 7 years. There are no hardship appeals in circuit court for a restricted license in this situation.
If you refuse to take the test, or if the test shows that your BAC is 0.08 or higher, the law enforcement officer will destroy your driver license, and will issue a paper permit to you. You may drive on the paper permit until your criminal case is resolved in court.
Yes
Yes
Courts to decide drunk driving and drugged driving cases within 77 days after the arrest.
If there are no prior drug convictions, your license will be suspended for 6 months. No restricted license is allowed for the first 30 days of that suspension.
If you have one or more prior drug convictions within 7 years, your driver's license will be suspended for 1 year. No restricted license is allowed for the first 60 days of the suspension.
The driver may be eligible for a restricted license after serving 30 days of the suspension.
257.625(24) - Learn More
The court may order as a condition of probation that a person convicted of violating subsection (1) or (8), or a local ordinance substantially corresponding to subsection (1) or (8), shall not operate a motor vehicle unless that vehicle is equipped with an ignition interlock device approved, certified, and installed as required under sections 625k and 625l.
257.625(24) - Learn More
The court may order as a condition of probation that a person convicted of violating subsection (1) or (8), or a local ordinance substantially corresponding to subsection (1) or (8), shall not operate a motor vehicle unless that vehicle is equipped with an ignition interlock device approved, certified, and installed as required under sections 625k and 625l.
No Data Available
See Other category below.
257.625(8) - Learn More
Michigan has a zero tolerance per se drugged driving law enacted for cannabis and other controlled substances. Cannabis metabolites are excluded under the law 257.625(8) *See Other category below.
0
0
The person's ability to operate the motor vehicle is visibly impaired due to the consumption of alcoholic liquor, a controlled substance, or other intoxicating substance, or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance.
No Data Available
No Data Available
257.625(8) - Learn More
Included in general OWI statute.
Operating While Intoxicated (OWI) or Operating With Any Presence of a Schedule 1 Drug or Cocaine (OWPD)
First Offense:
If a person is convicted of violating subsection (1) or (8), all of the following apply:
(a) Except as otherwise provided in subdivisions (b) and (c), the person is guilty of a misdemeanor punishable by 1 or more of the following:
(i) Community service for not more than 360 hours.
(ii) Imprisonment for not more than 93 days, or, if the person is convicted of violating subsection (1)(c), imprisonment for not more than 180 days.
(iii) A fine of not less than $100.00 or more than $500.00, or, if the person is guilty of violating subsection (1)(c), a fine of not less than $200.00 or more than $700.00.
Not always
Michigan statute is very detailed depending on the violation in 527.625(1)&(8) - Learn More
Operating While Intoxicated (OWI) or Operating With Any Presence of a Schedule 1 Drug or Cocaine (OWPD)
First Offense:
If a person is convicted of violating subsection (1) or (8), all of the following apply:
(a) Except as otherwise provided in subdivisions (b) and (c), the person is guilty of a misdemeanor punishable by 1 or more of the following:
(i) Community service for not more than 360 hours.
(ii) Imprisonment for not more than 93 days, or, if the person is convicted of violating subsection (1)(c), imprisonment for not more than 180 days.
(iii) A fine of not less than $100.00 or more than $500.00, or, if the person is guilty of violating subsection (1)(c), a fine of not less than $200.00 or more than $700.00.
527.625(7)
A person, whether licensed or not, is subject to the following requirements:
(a) He or she shall not operate a vehicle in violation of subsection (1), (3), (4), (5), or (8) while another person who is less than 16 years of age is occupying the vehicle. A person who violates this subdivision is guilty of a crime punishable as follows:
(i) Except as provided in subparagraph (ii), a person who violates this subdivision is guilty of a misdemeanor and must be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 and to 1 or more of the following:
(A) Imprisonment for not more than 1 year.
(B) Community service for not less than 30 days or more than 90 days.
(ii) If the violation occurs within 7 years of a prior conviction or after 2 or more prior convictions, regardless of the number of years that have elapsed since any prior conviction, a person who violates this subdivision is guilty of a felony and must be sentenced to pay a fine of not less than $500.00 or more than $5,000.00 and to either of the following:
(A) Imprisonment under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years.
(B) Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60 days or more than 180 days. Not less than 48 hours of this imprisonment must be served consecutively.
(iii) A term of imprisonment imposed under subparagraph (ii)(A) or (B) must not be suspended unless the defendant agrees to participate in a specialty court program and successfully completes the program.
(b) He or she shall not operate a vehicle in violation of subsection (6) while another person who is less than 16 years of age is occupying the vehicle. A person who violates this subdivision is guilty of a misdemeanor punishable as follows:
(i) Except as provided in subparagraph (ii), a person who violates this subdivision may be sentenced to 1 or more of the following:
(A) Community service for not more than 60 days.
(B) A fine of not more than $500.00.
(C) Imprisonment for not more than 93 days.
(ii) If the violation occurs within 7 years of a prior conviction or after 2 or more prior convictions, regardless of the number of years that have elapsed since any prior conviction, a person who violates this subdivision must be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 and to 1 or more of the following:
(A) Imprisonment for not less than 5 days or more than 1 year. This term of imprisonment must not be suspended unless the defendant agrees to participate in a specialty court program and successfully completes the program.
(B) Community service for not less than 30 days or more than 90 days.
(c) In the judgment of sentence under subdivision (a)(i) or (b)(i), the court may, unless the vehicle is ordered to be forfeited under section 625n, order vehicle immobilization as provided in section 904d. In the judgment of sentence under subdivision (a)(ii) or (b)(ii), the court shall, unless the vehicle is ordered to be forfeited under section 625n, order vehicle immobilization as provided in section 904d.
(d) This subsection does not prohibit a person from being charged with, convicted of, or punished for a violation of subsection (4) or (5) that is committed by the person while violating this subsection. However, points shall not be assessed under section 320a for both a violation of subsection (4) or (5) and a violation of this subsection for conduct arising out of the same transaction.
No Data Available
No Data Available
No Data Available
No Data Available
No Data Available
No Data Available
No Data Available
No Data Available
21
Under Michigan law marijuana is listed as a Schedule I controlled substance.
An adult may possess up to 2.5 ounces of marijuana; up to 15 grams of marijuana may be marijuana concentrate.
Within a residence, an adult may possess up to 10 ounces of marijuana and any marijuana produced by marijuana cultivated on the premises.
An adult who possesses more than 2.5 ounces of marijuana within a residence must store the excess amount in a secure container. Possession of more than 2.5 ounces of marijuana and up to 5.0 ounces of marijuana is a civil infraction punishable by a maximum fine of $500 and forfeiture of the marijuana for a first offense.
Possession of more than 5.0 ounces of marijuana is a misdemeanor. No term of imprisonment will be imposed unless the possession involved violence or was "habitual, willful and for a commercial purpose."
333.27955 - Learn More
It is illegal for anyone under the age of 21 to consume or purchase marijuana and THC-infused products.
333.27955 - Learn More
It is illegal for anyone under the age of 21 to consume or purchase marijuana and THC-infused products.
333.27955 - Learn More
It is illegal for anyone under the age of 21 to consume or purchase marijuana and THC-infused products.
333.27955 - Learn More
It is illegal for anyone under the age of 21 to consume or purchase marijuana and THC-infused products.
Must have care giver if under 21.
No Data Available
No Data Available
No
No
Under Michigan law, to distribute marijuana to a person under 21 years of age (regardless of whether money changed hands) or to sell marijuana to any person are both felony crimes punishable by up to 4 years in prison.
An adult may transfer up to 2.5 ounces of marijuana to another adult as long as there is no remuneration and the transfer is not advertised or promoted to the public. Distribution of less than 5 ounces without remuneration is a civil infraction with no incarceration possible and a maximum $500 fine.
The sale of less than 5 kilograms is a felony punishable by a maximum sentence of 4 years imprisonment and a maximum fine of $20,000.
The sale of 5 kilograms – 45 kilograms is a felony, which is punishable by a maximum sentence of 7 years imprisonment and a maximum fine of $500,000.
The sale of 45 kilograms or more is a felony, which is punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $10,000,000.
From NORML.org: The Michigan Supreme Court has found that inert metabolites of marijuana do not constitute schedule I controlled substances. The court found that natural byproducts created by body during break down of THC were not derivative of marijuana. Inert metabolites do not constitute schedule I controlled substance, in part because they do have any known pharmacological effect, relate to level of THC-related impairment, and do not have potential for abuse and dependence. People v. Feezel, 783 N.W.2d 67(2010).
The Michigan Supreme Court has separately determined that the protections of the state's medical marijuana act trump the state's zero tolerance per se law for the presence of THC in blood. This means that qualified patients may not be charged under the state's zero tolerance per se DUI statute. Rather, the state would have to show proof of impairment in order to gain a DUI drug conviction. This zero tolerance standard does apply to non-patients. People v. Koon, 2013.