Michigan charges drugged driving two ways: operating while under the influence of a controlled substance (MCL 257.625(1)(a)), or operating with any amount of a Schedule 1 controlled substance in the body (MCL 257.625(8)), and a first offense under either is a misdemeanor with up to 93 days in jail and a fine of $100 to $500. The penalties match those for alcohol OWI.
Reviewed by Attorney Kevin Bessant, Law Office of Kevin Bessant & Associates. Last reviewed October 2026.
Drugged driving at a glance
| Under the influence | MCL 257.625(1)(a). Operating while under the influence of alcohol, a controlled substance, or another intoxicating substance, alone or in combination. |
|---|---|
| Any amount | MCL 257.625(8). Operating with any amount of a Schedule 1 controlled substance, or a substance described in section 7214(a)(iv) of the Public Health Code. |
| First offense | Misdemeanor. Up to 93 days in jail, a fine of $100 to $500, and up to 360 hours of community service (MCL 257.625(9)(a)). |
| Second offense within 7 years | Fine of $200 to $1,000 plus one or more of 5 days to 1 year in jail or 30 to 90 days of community service. |
| Third offense | Felony, after 2 or more prior convictions. See third-offense felony OWI. |
| Causing death or injury | Felonies under MCL 257.625(4) and (5) apply to violations of (1), (3) or (8). See OWI causing death or injury. |
| Testing | Implied consent covers blood, breath and urine tests for controlled substances. See refusing a chemical test. |
| Points | 6 points for a violation of 257.625(1) or (8) (MCL 257.320a). |
Whether a particular drug is a Schedule 1 substance is a legal question to confirm for each case.
Common defense issues
- Which charge. A charge under the any-amount rule depends on the substance’s schedule. A charge of being under the influence depends on impairment.
- The test. Blood and urine testing involves collection, storage and lab procedure that can be examined.
- The stop and the evaluation. The reason for the stop, and any field or officer evaluation, can be challenged.
- Prescriptions. Lawful use of a medication is a fact that can matter to the charge and the facts.
Related pages: DUI and OWI defense, operating while visibly impaired and drug charges.
Frequently asked questions
Can I be charged with OWI for drugs in Michigan?
Yes. Michigan prohibits driving while under the influence of a controlled substance, and driving with any amount of a Schedule 1 controlled substance in your body.
What is the penalty for a first drugged driving offense?
A misdemeanor with up to 93 days in jail, a fine of $100 to $500, and up to 360 hours of community service.
Do the same enhancements apply as for alcohol?
Yes. Repeat offenses and offenses causing death or serious injury carry the same enhanced penalties.
Talk to a Detroit OWI defense attorney
Call Attorney Kevin Bessant at 313-658-8159. We are in Detroit, Eastpointe and Southfield.
Legal Authority
See MCL 257.625(1), (8) and (9) in the Michigan Legislature’s MCL database. This page is general information, not legal advice.