Operating with the Presence of Drugs

Driving with any amount of a Schedule 1 drug, such as Heroin, Ecstasy, or Marijuana, or Cocaine is against the law. Whether the drugs affected a person’s driving ability doesn’t matter.

First Offense

A first offense operating with the presence of drugs is a misdemeanor, punishable by;

  • Maximum 93 days in jail
  • Maximum $500 fine
  • Community service for up to 360 hours

Licensing sanctions include;

  • 30 days suspended license followed by restrictions
  • 6 points are assessed on driver’s record
  • $1,000 in driver’s responsibility fees
  • Possible vehicle immobilization

Second Offense

An operating with the presence of drugs violation that comes within seven years of a prior conviction is a misdemeanor, punishable by;

  • Minimum 5 days in jail and up to 1 year in jail
  • Maximum $1,000 fine
  • Community service for 30 – 90 days

Licensing sanctions include;

  • Minimum license revocation for 1 year, and minimum license revocation for 5 years if a prior revocation occurred within 7 years
  • Vehicle immobilization for a minimum 90 days and up to 180 days

Third and + Offense

A third offense operating with the presence of drugs is a felony, punishable by;

  • Either,
  • Minimum 30 days in jail, with probation and no fewer than 60 days of community service, or,
  • Maximum 5 years imprisonment, and
  • Maximum $5,000 fine

Licensing sanctions include;

  • Minimum license revocation for 1 year, and minimum license revocation for 5 years if a prior revocation occurred within 7 years
  • Vehicle immobilization for at least 1 year

Contact Us at 734.883.9584

Call Sam Bernstein at 734.883.9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is a Criminal Defense Lawyer in Ann Arbor and Ypsilanti.

ArborYpsi Law is located at 4158 Washtenaw Ave., Ann Arbor, MI 48108.