THC Detection in Blood: Challenges and Implications

THC Detection in Blood: Challenges and Implications

THC Detection in Blood: Challenges and Implications

When it comes to enforcing drugged driving laws, police and employers face a unique challenge with marijuana. Unlike alcohol, which is metabolized and eliminated relatively quickly, THC, the psychoactive compound in marijuana, can remain detectable in the blood for several days or even weeks after use.

This is because THC is highly fat-soluble, meaning that it dissolves easily in fat cells. Once THC is absorbed into the bloodstream, it is distributed throughout the body, including the fat cells. When THC reaches the brain, it binds to cannabinoid receptors, producing the intoxicating effects associated with marijuana use.

As the intoxicating effects of THC wear off, it is released from the brain and redistributed to other tissues, including the fat cells. THC can be stored in fat cells for weeks or even months, and it is released slowly back into the bloodstream over time.

This means that a blood test for THC can detect past marijuana use, even if the individual is no longer under the influence. This poses a challenge for law enforcement and employers, who may want to use blood tests to identify drivers or employees who are currently impaired by marijuana.

Scientific Evidence

A number of studies have investigated the relationship between THC blood levels and impairment. One study found that THC blood levels above 5 ng/mL were associated with an increased risk of impaired driving performance. However, another study found that some individuals with THC blood levels below 5 ng/mL were still impaired, while others with THC blood levels above 5 ng/mL were not impaired.

These findings suggest that THC blood levels are not a reliable indicator of impairment. Other factors, such as individual metabolism, tolerance, and route of administration, can also play a role.

 

Implications

The limitations of THC blood tests for detecting impairment have important implications for law enforcement and employers. Law enforcement officers should not rely solely on blood tests to determine whether a driver is impaired by marijuana. They should also consider other factors, such as the driver’s behavior and performance on field sobriety tests.

Employers who use blood tests to screen employees for marijuana use should be aware that a positive test result does not necessarily mean that the employee is impaired at work. Employers should have a clear policy in place for responding to positive drug tests, and they should take into account all relevant factors, such as the employee’s job duties and performance.

Conclusion

THC detection in blood is a complex issue with important implications for law enforcement and employers. It is important to understand the limitations of THC blood tests and to use them in conjunction with other information to assess impairment.

Implications

The limitations of THC blood tests for detecting impairment have important implications for law enforcement and employers. Law enforcement officers should not rely solely on blood tests to determine whether a driver is impaired by marijuana. They should also consider other factors, such as the driver’s behavior and performance on field sobriety tests.

Employers who use blood tests to screen employees for marijuana use should be aware that a positive test result does not necessarily mean that the employee is impaired at work. Employers should have a clear policy in place for responding to positive drug tests, and they should take into account all relevant factors, such as the employee’s job duties and performance.

Conclusion

THC detection in blood is a complex issue with important implications for law enforcement and employers. It is important to understand the limitations of THC blood tests and to use them in conjunction with other information to assess impairment.

Conclusion

THC detection in blood is a complex issue with important implications for law enforcement and employers. It is important to understand the limitations of THC blood tests and to use them in conjunction with other information to assess impairment.

Did You Know

Michigan State Police Legal Updates

MSP Legal Update No. 153 (01/2023)

  • Search & Seizure: The smell of marihuana, standing alone, no longer constitutes probable cause to search for that substance
  • Vehicle Code: Violation for impeding traffic requires evidence the accused’s conduct actually affected the normal flow of traffic.

Legal Update No. 153 (01/2023)

 

MSP Legal Update No. 150 (01/2022)

  • Vehicle Code: Persons under the age of 21 may be prosecuted for operating a motor vehicle with the presence of marihuana in their system
  • Criminal Law: Ethnic intimidation based on gender includes harassing or intimidating another person because of the actual or perceived gender of that person.

Legal Update No. 150 (01/2022)

 

Legal Update No. 148 (09/2021)

Statutes: Code of Criminal Procedure amended to prohibit issuance of appearance tickets to a person arrested for an “operating while intoxicated” offense; Juvenile Law: Individuals who are 17 years of age to be treated as juveniles in criminal proceedings rather than automatically being treated as adults; Did You Know: The mere presence of an unidentified cocaine metabolite is insufficient to prove operation of a vehicle with the presence of “any amount” of cocaine in the body.

Legal Update No. 148 (09/2021)

 

Legal Update No. 147 (03/2021)

Statutes: The Code of Criminal Procedure amended to require persons arrested for certain misdemeanor and ordinance violations not exceeding 1-year in jail to be released from custody upon issuance and service of an appearance ticket; Vehicle Code: The Michigan Vehicle Code amended to eliminate the requirement to provide an audible signal when overtaking another vehicle.

Legal Update No. 147 (03/2021)

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Ignition Interlock Devices – What you should know

Ignition Interlock Devices – What you should know

Ignition interlock devices (IIDs) are becoming increasingly common in the state of Michigan. An IID is a device that is installed in a vehicle and prevents the engine from starting unless the driver blows a breathalyzer test and their blood alcohol content (BAC) is below a certain limit.

When is an IID required in Michigan?

An IID is required in Michigan for the following offenses:

  • First-time DUI conviction with a BAC of 0.17% or higher
  • Second or subsequent DUI conviction
  • Driving with a minor in the vehicle while under the influence of alcohol

An IID may also be required as a condition of probation for other alcohol-related offenses.

How does an IID work?

An IID is typically installed under the steering wheel of a vehicle. When the driver wants to start the engine, they must blow into a tube attached to the device. The device will then analyze the driver’s breath for alcohol. If the driver’s BAC is below the preset limit, the engine will start. If the driver’s BAC is above the limit, the engine will not start and the driver will be unable to drive.

In addition to preventing the engine from starting, IIDs also require drivers to provide rolling retests while driving. This means that the device will randomly prompt the driver to blow into the tube at different times during the trip. If the driver fails a rolling retest, the engine will shut off and the driver will be unable to restart it.

How long do I have to use an IID?

The length of time that a driver is required to use an IID depends on the offense. For a first-time DUI conviction with a BAC of 0.17% or higher, the IID requirement is six months. For a second or subsequent DUI conviction, the IID requirement is one year. For driving with a minor in the vehicle while under the influence of alcohol, the IID requirement is three years.

How much does an IID cost?

The cost of an IID varies depending on the manufacturer and the features of the device. However, drivers can expect to pay around $100 per month to rent an IID. There is also an installation fee and a fee for monthly calibration.

How do I get an IID installed?

To get an IID installed, you must contact a certified IID installer. The installer will schedule an appointment to install the device in your vehicle. You will need to provide proof of insurance and a valid driver’s license.

Can I get an IID waiver?

In some cases, drivers may be eligible for an IID waiver. For example, a driver may be eligible for a waiver if they have a medical condition that prevents them from using an IID. To apply for an IID waiver, you must contact the Secretary of State’s Office.

Did You Know

Michigan State Police Legal Updates

MSP Legal Update No. 153 (01/2023)

  • Search & Seizure: The smell of marihuana, standing alone, no longer constitutes probable cause to search for that substance
  • Vehicle Code: Violation for impeding traffic requires evidence the accused’s conduct actually affected the normal flow of traffic.

Legal Update No. 153 (01/2023)

 

MSP Legal Update No. 150 (01/2022)

  • Vehicle Code: Persons under the age of 21 may be prosecuted for operating a motor vehicle with the presence of marihuana in their system
  • Criminal Law: Ethnic intimidation based on gender includes harassing or intimidating another person because of the actual or perceived gender of that person.

Legal Update No. 150 (01/2022)

 

MSP Legal Update No. 149 (10/2021)

  • Search & Seizure: Persons have a reasonable expectation of privacy in their property against “drone” surveillance conducted without a warrant or pursuant to a recognized exception to the warrant requirement
  • Search & Seizure: The “community caretaking” exception to the Fourth Amendment warrant requirement does not extend to the home.

Legal Update No. 149 (10/2021)

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DUI in Michigan

DUI in Michigan

DUI in Michigan

Driving under the influence (DUI) is a serious offense in Michigan that can result in severe legal consequences.

Michigan DUI laws and penalties are designed to prevent impaired driving and keep the roads safe for everyone. From fines and license suspension to imprisonment and mandatory installation of ignition interlock devices, the penalties for DUI in Michigan can be severe and long-lasting.

Understanding Michigan’s DUI laws, penalties, and legal procedures is essential for anyone facing DUI charges or concerned about their driving behavior.

 

What is a DUI in Michigan?

Driving under the influence, commonly known as a DUI, is a criminal offense in Michigan. In essence, a DUI is when a person operates a vehicle while under the influence of drugs or alcohol that impairs their ability to drive safely.

Understanding the legal definition of DUI in Michigan

Michigan law defines a DUI as operating a vehicle while under the influence of alcohol, a controlled substance, or any other intoxicating substance. The legal threshold for a DUI in Michigan is a blood alcohol concentration (BAC) of 0.08% or higher.

Penalties for DUI in Michigan

The penalties for a DUI in Michigan vary depending on the number of previous convictions and whether certain factors are present, such as having a high BAC or causing property damage or injury.

First-time DUI penalties

For a first-time DUI offender, penalties may include up to 93 days in jail, fines up to $500, a license suspension for up to six months, and six points added to their driving record.

Second-time DUI penalties

The penalty for a second DUI conviction within seven years includes up to a year in jail, fines up to $1,000, and a license suspension for a minimum of one year, among other penalties.

Third-time DUI penalties

A third DUI conviction within ten years is a felony offense, which carries a sentence of up to five years in prison, fines, and a license suspension for a minimum of five years.

Aggravated DUI penalties

Aggravated DUI, in cases where the driver has a BAC of 0.17% or higher, can result in harsher penalties. This includes higher fines and a longer license suspension period.

KOMORN LAW

STATE and FEDERAL
Aggressive Legal Defense
All Criminal Allegations / DUI / Drugs
Since 1993

Alcohol Concentration (BAC) limits in Michigan

Michigan has set legal limits for the BAC of drivers, which vary depending on age and commercial driver status.

Legal BAC limits for drivers over 21

For drivers over 21 years old, the legal BAC limit is 0.08%. This means that driving with a BAC of 0.08% or higher is a criminal offense.

Lower BAC limits for commercial drivers and underage drivers

Commercial drivers have a lower legal BAC limit, set at 0.04%. Underage drivers, those who are under 21, have a zero-tolerance policy in Michigan, meaning any amount of alcohol in their system while driving is considered illegal.

Michigan’s Zero Tolerance policy for underage drinking and driving

Michigan has a zero-tolerance policy for those under the age of 21, which means that any amount of alcohol in their system while driving is illegal and can result in serious legal consequences.

The legal consequences for minors caught driving under the influence

Minors caught driving under the influence face license suspension, fines, community service, and mandatory attendance in alcohol treatment programs. They may also face criminal charges, which can result in jail time and a permanent criminal record. Parents or legal guardians of underage drivers may also face charges in some circumstances.

Ignition Interlock Device requirements in Michigan

Michigan has strict laws and penalties for driving under the influence. One of the consequences of being convicted of a DUI in Michigan is the requirement of an ignition interlock device (IID) installation. An IID is a device that requires the driver to pass a breathalyzer test before starting the car.

Who is required to install an ignition interlock device?

In Michigan, ignition interlock devices are required for all individuals convicted of two or more DUIs, as well as first-time offenders with a BAC (blood alcohol concentration) of 0.17 or higher. For individuals who refuse to take a breathalyzer test, an ignition interlock device is required for one year.

Costs and installation procedures for ignition interlock devices

The cost of an ignition interlock device in Michigan varies depending on the provider and the length of time required to use it. Typically, installation costs range from $50 to $200, and monthly rental fees range from $50 to $100. The duration of the IID use also varies, depending on the individual’s case.

To install an IID, a driver must contact a state-approved vendor to make an appointment. The vendor will install and calibrate the device and provide training on its use. The driver also needs to show proof of insurance and submit contact information for a backup person who may be contacted if a violation occurs.

Michigan’s Implied Consent Law and its consequences

 

What is implied consent?

Under Michigan’s implied consent law, drivers are required to take a breathalyzer test if they are pulled over on suspicion of drunk driving. This means that by getting behind the wheel, you are giving your consent to be tested if asked by law enforcement.

Penalties for refusing a breathalyzer test in Michigan

Refusing to take a breathalyzer test in Michigan carries serious consequences, including a one-year driver’s license suspension for first-time offenders. The suspension is longer for repeat offenders, and a judge may also require an ignition interlock device installation. Additionally, a refusal to take a breathalyzer test can be used against you in court and may result in a longer jail sentence or steeper fines if convicted of DUI.

How to defend yourself against DUI charges in Michigan

 

The importance of hiring a qualified DUI attorney

If you are facing DUI charges in Michigan, hiring a qualified DUI attorney is essential. An experienced attorney can assess the evidence against you, identify any weaknesses in the prosecution’s case, and develop a strong defense strategy.

Possible defense strategies for DUI charges in Michigan

There are several defense strategies that can be used in DUI cases in Michigan. Some of these include challenging the legality of the traffic stop, questioning the accuracy of the breathalyzer test, or arguing that the field sobriety tests were not administered properly. A qualified attorney will be able to identify the best defense strategy based on the specifics of your case.In conclusion, Michigan’s DUI laws and penalties are designed to discourage impaired driving and promote road safety. If you are facing DUI charges or have concerns about your driving behavior, it is important to seek legal advice and understand your rights and obligations under Michigan’s DUI laws. By following the legal guidelines and making responsible choices, we can all help prevent drunk driving and keep Michigan’s roads safe for everyone.

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931
Chapter XXVA
CRIMINAL ENTERPRISES
Read the law  -or-  Check for updates

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Michigan’s DUI Laws and Penalties

Michigan’s DUI Laws and Penalties

Michigan’s OWI Laws and Penalties

An DUI / OUI / OWVI conviction requires proof only that the driver shows visible signs of impairment due to ingesting alcohol or drugs.

The Michigan Law

Under MCL 257.625(3), you are assumed guilty of a crime if, regardless of your blood alcohol content, your ability to operate a vehicle was “visibly impaired” by alcohol.

This is referred to as “operating while visibly impaired” or OWVI.

Michigan’s OWI and OWVI Laws

There are two main categories: operating while under the influence of drugs or alcohol (OWI) and operating while visibly impaired (OWVI) by drugs or alcohol. Some people still use the term DUI, but it’s the same thing as OWI.

An OWI is the more serious offense. It means you were driving while:

  • under the influence of alcohol or drugs
  • had a blood alcohol content (BAC) of .08% or greater
  • had any amount of illegal drugs in your body

Once again –> an OWVI conviction only requires proof that you only showed visible signs of impairment due to alcohol or drugs.

 

This is why you need to retain a lawyer.  Even if your going to take a plea.

 

Michigan’s OWI and OWVI Penalties

If you’re convicted of OWI or OWVI, you’ll face penalties according to Michigan law. For most convictions, you’ll lose your license, pay fines, and possibly go to jail.

How Long an OWI or OWVI Stays on Your Record in Michigan

OWIs and OWVIs stay on your record for seven years in Michigan. This means that if you get another conviction within seven years, it will count as a prior conviction and you’ll face harsher penalties.

 

Michigan DUI Penalties

1st Offense

If you are caught driving under the influence (DUI) in Michigan for the first time, you may face up to 93 days in jail (up to 180 days if your blood alcohol content (BAC) was .17% or greater). You may also be fined $100 to $500 ($200 to $700 if your BAC was .17% or greater) and ordered to complete up to 360 hours of community service.

2nd Offense

If you are caught DUI for the second time, you may face 5 days to one year in jail, a fine of $200 to $1,000, and 30 to 90 days of community service. Your vehicle may also be immobilized for 90 to 180 days (if not forfeited).

3rd Offense

If you are caught DUI for the third time, you may face one to five years in jail (30 days to one year if community service is ordered), a fine of $500 to $5,000, and 60 to 180 days of community service. Your vehicle may also be immobilized for one to three years (if not forfeited).

Jail

If you are caught DUI in Michigan, you may face jail time depending on the offense. The length of jail time increases with each subsequent offense.

 

Vehicle Immobilization for OWI and OWVI Convictions in Michigan

If you are convicted of operating while intoxicated (OWI) or operating while visibly impaired (OWVI) in Michigan, the judge may order the immobilization or forfeiture of your vehicle. For a first offense, immobilization or forfeiture is optional, but for any subsequent offense, it is mandatory. The length of immobilization increases with each subsequent offense.

  • 1st offense. Possibly forfeiture or immobilization for up to 180 days.
  • 2nd offense. Immobilization for 90 to 180 days is mandatory (if not forfeited).
  • 3rd offense. Immobilization for one to three years is mandatory (if not forfeited).

 

Michigan’s OWI Enhancements for Passengers Under 16 Years Old

If you are caught DUI with a passenger under 16 years old in Michigan, you may face additional penalties. For a first offense, you may be fined $200 to $1,000 and either serve five days to one year in jail or complete 30 to 90 days of community service. For a subsequent offense with a passenger under 16, you may be fined $500 to $5,000 and either serve one to five years in jail or probation (which must include five days to one year in jail and 30 to 90 days of community service).

KOMORN LAW

STATE and FEDERAL
Aggressive Legal Defense
All Criminal Allegations / DUI / Drugs
Since 1993

Can you get a DUI removed from your record in Michigan?

The waiting period to have a first-time operating while intoxicated offense expunged from your record is 5 years.

As of February 19th, 2022, first time operating while intoxicated convictions are now eligible to be set-aside (expunged) under certain circumstances.

 

Waiting Time

  • When seeking to expunge one or more serious misdemeanor convictions or one felony conviction, at least 5 years from the latest of the following events: date of the sentencing, completion of a term of probation, discharge from parole, or completion of any term of imprisonment.
  • When seeking to expunge more than one felony conviction, at least 7 years from the latest of the following events: date of the sentencing, completion of a term of probation, discharge from parole, or completion of any term of imprisonment.
  • When seeking to expunge one or more misdemeanor convictions (other than serious misdemeanors and any misdemeanor conviction for an assaultive crime), at least 3 years from the latest of the following events: date of the sentencing, completion of a term of probation, or completion of any term of imprisonment.

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Michigan Law on Boating Under the Influence

Michigan Law on Boating Under the Influence

Michigan Laws on Boating Under the Influence

Boating is a fun activity, but it can be dangerous if the operator is under the influence of drugs or alcohol. Michigan law prohibits operating a motorboat while under the influence of drugs or alcohol.

Boating Under the Influence (BUI)

A person can be convicted of a BUI for operating a motorboat with a blood alcohol concentration (BAC) of .08% or greater, with any amount of a controlled substance, or while impaired by drugs and/or alcohol to an extent that the person is substantially deprived of normal control or clarity of mind.

Boating While Visibly Impaired (BWVI)

A person can be convicted of a BWVI for operating a motorboat while visibly impaired by drugs and/or alcohol. 

KOMORN LAW

STATE and FEDERAL
Aggressive Legal Defense
All Criminal Allegations / DUI / Drugs
Since 1993

Potential Penalties

The potential penalties an offender faces depend on which classification he or she is convicted of.

BUI Penalties

The consequences for a first, second, and third BUI are:

First offense: A first-offense BUI is a misdemeanor and carries up to 45 days of community service, a maximum of 93 days in jail, and fines ranging from $100 to $500. Also, the court can suspend the offender’s privilege to operate a motorboat for one to two years.

Second offense: If a BUI offender has a prior BUI or BWVI conviction that occurred within the past seven years, the second offense will be a misdemeanor and carry from $200 to $1,000 in fines. The court also must sentence the offender to either ten to 90 days community service and up to one year in jail (option one) or 48 hours to one year in jail and up to 90 days community service (option two). And the court must suspend the offender’s privilege to operate a motorboat for at least two years.

Third offense: If a BUI offender has two or more prior BUI or BWVI convictions—regardless of how long ago they occurred—the third or subsequent offense will be a felony and carry one year to five years in jail and/or $500 to $5,000 in fines. If the offender has two more priors within the past ten years, the court must suspend the offender’s privilege to operate a motorboat indefinitely. However, if the offender has two or more priors but one or none within the past ten years, the court either can suspend the boater’s operating privilege for one to two years (no priors within seven years) or must suspend the boater’s operating privilege for at least two years (one prior within seven years).

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