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Is there a per se limit to marijuana in your blood while driving?

On Behalf of | Oct 7, 2021 | Criminal Defense |

Impaired driving laws exist to protect the public from unnecessary risk on the road. Someone who causes a crash while under the influence of drugs or alcohol will likely face criminal charges, even if they don’t cause injury to another person. 

There are different rules for drugged and drunk driving in Michigan, and learning the difference between the two systems is very important for those who face impaired driving charges. 

A per se limit makes a certain amount of alcohol consumption illegal

People get arrested for drunk driving even when alcohol hasn’t affected their skills. The police can arrest and charge that motorist with a crime provided that the per se limit exceeds state minimums.

The per se limit for blood alcohol concentration (BAC) is 0.08% in Michigan. A simple chemical test can prove that a motorist’s BAC exceeds the legal limit and has therefore broken the law. Does Michigan also have a per se limit for marijuana use while driving?

Michigan doesn’t have a per se limit for drugged driving

Multiple states with legal and medical marijuana have enacted specific limits on the amount of THC or metabolites in the human bloodstream. Unfortunately, those limits are often subject to challenges because they aren’t as firmly rooted in medical science as the BAC limit is. 

After careful consideration, a commission advised the state not to establish a per se limit but rather to evaluate a driver based on their performance and how recently they admit to using marijuana before driving. Facing allegations of drugged driving can be scary, but learning more about the law can help you feel empowered.