Michigan's Drugged Driving Law
Learn about the laws and penalties for driving under the influence of drugs (DUID) in Michigan.
Michigan’s drugged driving law is located at Michigan Vehicle Code Act 300 of 1949, Section 257.625. The law states that a person shall not drive or be in actual physical control of any moving vehicle while intoxicated. Operating while intoxicated means that the person is “under the influence of alcoholic liquor, a controlled substance, or other intoxicating substance or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance.”
Michigan has what is known as a per se (also known as a “zero tolerance”) prohibition against drugged driving if the driver, while driving, has any controlled substance in his or her body. That means that a driver may be arrested if the police officer has a reasonable suspicion that any prohibited drug even if it’s just a trace is in the driver's body while the driver is operating the vehicle. Other than the per se/zero tolerance rule, an arrest can be triggered by a driver impaired by drugs although actual evidence of impaired driving is not essential as long as the police officer has a reasonable belief that the driver is on something while behind the wheel. In addition, in Michigan, the
What drugs are prohibited?
Michigan’s drugged driving law is directed at the prohibition of any controlled substance -- that is, any drug or chemical regulated by the government. A listing of controlled substances regulated by federal law are found at the Drug Enforcement Administration website.
What happens if a driver is convicted of drug impaired driving in Michigan?
A driver arrested for drugged driving in Michigan will be charged with driving under the influence and subject to DUI penalties. A conviction for drugged driving will be considered as a prior offense for purposes of calculating punishment regardless of whether a subsequent offense is due to alcohol or drugs. Read more about Michigan’s DUI laws.
Do Michigan drivers have to submit to drug testing?
Yes, there is an implied consent rule for blood and urine testing. The refusal to take the test can be admitted into evidence against the driver.