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Drivers with Pot in Their System up by Fifty Percent Since 2007

Sep 2nd, 2016 Marijuana Laws

According to the Government statistics, (National Highway Safety Administration), in the last forty years, the number of drunk drivers on the road is down by more than 70%!  However, based on statistics from the last seven years, the number of driver with pot in their system is up by 50%!

With DUI alcohol arrests significantly down everywhere the government and police agencies, including those in Michigan, are turning their attention to arresting DUI drug drivers; particularly those drivers who are “under the influence of marijuana.”

There are many problems with the plan to arrest more Michigan DUI marijuana cases.  First, there is no reliable method to determine, at the roadside, if someone is under the influence of marijuana.  Still, this was the basis for the recent change in Michigan DUI law that changed the law of roadside testing.

The new law eliminates “preliminary breath test” in favor of a new phrase “preliminary roadside analysis.”  The law provides that this new phrase refers to “the on-site taking of a preliminary breath test from the breath of a person or the performance and observation of a field sobriety test for the purpose of detecting the presence of drugs or alcohol.”

The new law eliminates “preliminary breath test” in favor of a new phrase “preliminary roadside analysis.”  The law provides that this new phrase refers to “the on-site taking of a preliminary breath test from the breath of a person or the performance and observation of a field sobriety test for the purpose of detecting the presence of drugs or alcohol.”[i]

Another big problem is that there is no settled science supporting the law in that scientists cannot agree that marijuana actually impairs driving ability!  This lack of scientific support has done little to deter zealous law makers from drafting new laws in Michigan to cover DUI marijuana, nor has it precluded officers from arresting Michigan drivers for driving under the influence of marijuana, or prosecutors from convicting them.

If you have been arrested for DUI drugs in Michigan, particularly, if you are charged with OWI marijuana in Michigan, you need an expert who can zealously defend you.  Your best bet is to call the experts at the Barone Defense Firm for your FREE no obligation case review.

[i] PA 315 (2014)(defining “preliminary roadside analysis” under the new section MCL 257.43a.)