Operating Under the Influence of Drugs

The amount of people arrested for Operating Under the Influence of Drugs in Oakland County has increased dramatically in the past few years as the epidemic of prescription drug abuse becomes worse and worse.  Operating Under the Influence of Drugs or Narcotics is a charge that can be brought in two different ways.  First, if you have any presence of a schedule one narcotic, such as marijuana, in your system when operating a vehicle, you are in theory guilty of operating while intoxicated, whether or not you actually are intoxicated.  It is important to note that the medical marijuana act does protect people with cards against prosecution in these circumstances.  

The second method that Oakland County prosecutors use is to allege that the defendant was actually under the influence due to the use of drugs.  We have seen many of these cases stem from the use of Xanax, Vicodin, OxyContin, Ambien, and numerous other drugs.  The prosecutor must prove that the defendant was intoxicated or impaired at the time of the driving.

Amberg & Amberg trial attorney Jim Amberg recently obtained a not guilty verdict in the Plymouth 35th District Court in a drugged driving case in which the client had morphine, codeine, Xanax, and Ambien in his system at the time he was driving.  Although his driving was terrible and he couldn't even stand up or speak, Jim was able to show that his client was having a medical event at the time of the alleged drugged driving and the jury found him not guilty.