Can I Be Charged with an OWI After Smoking? — What Michigan Law Says & What “OUID” Means

|

Best defense against an OWI charge - Mark Caldwell Law
by

Quick answer: Yes — in Michigan you can be charged with an OWI (or OUID) after smoking cannabis. Michigan’s law focuses on whether you were impaired while operating a vehicle, not on a fixed THC number in your blood. That makes marijuana-related OWI cases unlike alcohol cases (where .08% BAC is the usual per-se cutoff) and raises special evidentiary challenges for prosecutors and defenses alike. Michigan Legislature+1

Why this matters (short): financial decisions, licenses, and safety

If you’re pulled over after smoking — even several hours later — officers and prosecutors will look at signs of impairment, chemical tests (if available), and other evidence. An OWI or an OUID (Operating Under the Influence of Drugs) charge can carry criminal penalties and collateral consequences (career damage, licensing disclosures, travel restrictions). For help with the legal process, see Mark Caldwell’s OWI practice: OWI / DUI Attorney — Grand Rapids, MI and the site’s general Legal Resources.

What “OUID” Means in Michigan (Legal Definition)

Michigan’s motor-vehicle law (MCL 257.625) makes it a crime to operate a vehicle while intoxicated — and that includes intoxication caused by controlled substances or other intoxicating compounds. Many lawyers and police use the term OUID (Operating Under the Influence of Drugs) to describe drug-impairment cases; it is treated under the same statutory umbrella as OWI/OWVI. Michigan Legislature+1

Practical takeaway: OUID = drug impairment behind the wheel. The prosecution must show impairment or intoxication — not just the mere presence of a drug metabolite in your system.

Is There a Numeric THC Limit in Michigan?

No. Michigan does not have a statewide per-se THC numerical limit like the .08 BAC rule for alcohol. That means prosecutors rely on effects-based evidence (how you were driving, officer observations, test results, DRE evaluations) rather than a single cutoff number of nanograms of THC per milliliter of blood. Michigan Auto Law+1

That said, some other states have per-se or “permissible inference” THC limits; Michigan is not one of them. Prosecutors in Michigan therefore assemble a package of evidence to show impairment. The Journalist’s Resource+1 

How You Can Be Charged After Smoking — Typical Evidence Prosecutors Use

When an officer suspects drug impairment, common prosecution tools include:

  • Driving behavior and roadside observations (weaving, slow or erratic driving, complaints from other drivers).

  • Officer observations (bloodshot eyes, smell of cannabis, slurred speech, slow responses)

  • Field sobriety tests and officer testimony about performance (SFSTs). See Mark Caldwell’s page about refusals and tests: Can you refuse a field sobriety test? and Can you refuse to take a breathalyzer test?.

  • Drug Recognition Expert (DRE) evaluations — specialized officers trained to evaluate drug impairment.

  • Chemical testing (blood is the most common admissible test for drugs) — but with limits (explained below).

  • Video evidence (dash cam / body cam) and witness statements.

Because Michigan lacks a THC per-se cutoff, the totality of evidence is critical. Law Office of Michae+1 

Why Chemical Tests for THC Are Complicated (and Why Presence ≠ Impairment)

THC behaves very differently than alcohol:

  • THC metabolite vs. active THC:  Urine tests typically detect metabolites that can persist for days or weeks and do not indicate current impairment. Blood tests detect Δ9-THC (the active compound) but levels fall rapidly after use. Michigan+1 

  • Detection window vs. impairment window: A casual user might show measurable THC for hours-to-days; a chronic user can have detectable levels long after impairment has passed. That variability makes setting a reliable per-se blood limit scientifically fraught. Michigan

  • No accurate roadside “THC breathalyzer”: Breathalyzers are designed for alcohol; currently there is no widely accepted, court-ready breath device for THC in Michigan. That increases reliance on blood draws and officer observations. Law Office of Michae 

Because of these scientific issues, many defenses focus on the timing of testing, the type of test used, and whether the tests actually show impairment at the time of driving. Michigan+1 

Medical marijuana card? Does that protect you?

No. Having a Michigan medical marijuana card (or using recreational cannabis legally in Michigan) does not give you permission to drive while impaired. If an officer has evidence you were impaired while driving, a medical card is not a defence to an OWI/OUID charge. (See more on how impairment is treated in practice on Michigan OWI resources and related legal pages.) David G. Moore, Attorney at Law 

Common Defenses in Marijuana-Related OWI / OUID Cases

Because marijuana impairment is harder to prove than alcohol impairment, defense strategies often include:

  • Challenging the traffic stop — lack of reasonable suspicion or improper stop. (See Caldwell’s guide to the OWI court process: What is the court process for an OWI in Michigan?.)

  • Timing and chain of custody for blood tests — if blood wasn’t drawn promptly, levels may not reflect impairment at driving time.

  • Reliability of DRE and field sobriety testing — these are subjective and can be attacked by experts. (More on best defense strategies: What is the best defense against a DUI?.)

  • Medical explanations or legitimate medication — some prescriptions can affect SFST performance; proper documentation matters.

  • Questioning officer observations / body-cam inconsistencies / video evidence.

If you’re facing an OUID charge, an experienced criminal defense attorney can analyze lab timing, test methodology, witness statements, and video to build a defense. Law Office of Michae

What to Do Immediately If You’re Stopped After Smoking

  1. Be respectful and cooperative but know your rights. (You can ask whether you’re free to leave.)

  2. Do not admit to impairment — casual statements (“I smoked earlier”) can be used.

  3. Ask for contact info and preserve evidence — take note of officers’ names, times, and any cameras.

  4. If arrested, request an attorney immediately — and do not give long statements without counsel.

  5. Do not rely on a medical marijuana card   as protection while driving.

If you need help with the next steps (hardship licensing, SR22, or license restoration), Caldwell’s pages are useful: How to win a Michigan hardship appeal and Getting driver’s license back after a DUI.

Penalties & Collateral Consequences (Brief)

Penalties for an OWI/OUID conviction depend on prior records and aggravating facts. They can include fines, jail time (especially for repeat or aggravated offenses), probation, community service, and license suspension or restrictions. Separate administrative consequences (e.g., license actions by the Secretary of State) and professional, employment, or licensing impacts can be just as serious. For a breakdown of points and suspensions see Mark Caldwell’s Michigan point system. Also review the general Michigan impaired-driving rules. Michigan+1

Important: If you operate a commercial vehicle or hold a CDL, there are special rules and severe professional consequences — see: What happens to your CDL after an OWI?. 

How Mark Caldwell Can Help (Services & Internal Crosslinks)

If you or a client is facing an OUID/OWI after smoking, Mark Caldwell’s office can help with:

Sample SEO Keywords & Phrases to Target

  • Can I be charged with an OWI after smoking

  • OUID Michigan explained

  • Marijuana DUI Michigan THC limit

  • Drugged driving Michigan cannabis laws

  • Operating under the influence of drugs Michigan (OUID)

  • Can medical marijuana get me a DUI Michigan

  • THC blood test and DUI Michigan

  • Michigan OWI after smoking weed

Key Takeaways

  • Yes — you can be charged with an OWI/OUID after smoking cannabis in Michigan because the law is effects-based, not THC-number-based. Michigan Legislature+1

  • Chemical tests for THC are scientifically and legally complex; presence of THC does not automatically prove impairment. Michigan+1

  • Defenses focus on timing, test reliability, officer observations, and constitutional issues around stops and testing. Law Office of Michae

  • If charged, contact an experienced OWI/OUID attorney promptly — preserving evidence and mounting early challenges is critical. See Mark Caldwell’s OWI page and the linked legal resources above.

Sources & Further Reading (Selected)

  • Michigan Compiled Laws — MCL 257.625 (Operating While Intoxicated / statutory language). Michigan Legislature

  • Michigan Auto Law — “No legal THC limit in Michigan” (explanation of effects-based approach). Michigan Auto Law

  • Michigan State Police — Impaired Driving resources (BAC rules and impaired-driving overview). Michigan

  • Michigan Impaired Driving Safety Commission / MSP report — science on THC detection and per-se limit challenges. Michigan

  • Defense perspective on marijuana-impaired cases and testing challenges. Law Office of Michae
LinkedIn

Related Posts

Search

Topics

Recent Posts