What Substances Can Cause an OWI Charge in Clarkston?

Depending on one’s level of tolerance, alcohol and other substances affect people differently.

But from the standpoint of Michigan law, a minimum blood alcohol content (BAC) of 0.08% or the presence of even a trace of illegal or other psychoactive substances is grounds for a charge of operating while intoxicated (OWI).

And if you’re facing this charge in the Clarkston, Michigan area, you can be sure that the strict judges at the 52-2 District Court are NOT interested in your level of excessive tolerance for alcohol or any other illegal substances. So, it’s imperative you contact an experienced Oakland County OWI lawyer to help create a winning defense. 

Defining Intoxication

Intoxication is defined as a condition wherein the consumption of alcohol or another substance impacts your mental abilities, perception, level of consciousness, coordination, mood, and behavior. 

While intoxication is generally a short-term condition, how long it lasts based on a number of factors. These include how much was consumed, body weight, age, overall health, and whether multiple substances were consumed.

The effects wear off with time and eventually subside completely provided the substance is no longer consumed. Mild to moderate intoxication doesn’t usually require medical attention but can lead to falls or violent behaviors that may require medical care. Severe intoxication, on the other hand, is considered poisoning or an overdose and can be life-threatening.

What Substances Can Cause an OWI Charge?

In Michigan, drug- and alcohol-related crashes are a significant traffic safety issue. In 2022 alone, about 40% of fatal crashes in Michigan resulted from alcohol and/or drugs. So it’s no wonder that Clarkston DUI attorneys and judges alike take an OWI charge seriously.

Obviously, given its vast presence and availability, alcohol is a top culprit in Clarkston OWI charges and arrests. Yet other substances are equally problematic when it comes to operating a vehicle or other heavy machinery.

Any over-the-counter medications (such as certain cold medicines) that cause drowsiness or stimulants like nicotine that cause hyperactivity can be potentially dangerous. Even the fumes from cleaning products such as bleach, or household products such as paint thinners or glue can be intoxicating.

The bigger problem though is with scheduled drugs. The presence of any amount of Schedule I drugs in the event of an accident is automatic grounds for an arrest. Yet the presence of ANY of the scheduled drugs can also lead to an arrest. 

Understanding Drug Scheduling

The different scheduled substances are laid out as follows:

Schedule I

These are chemicals or substances that have no current accepted medical use and a high potential for abuse. They are federally prohibited and include, but are not limited to heroin, LSD, ecstasy, peyote, and even marijuana – despite its legality on the state level in Michigan.

Schedule II

Though not federally prohibited, many of the Schedule II drugs have a high potential for physical or psychological dependence and are considered dangerous. Some examples of these chemicals are Vicodin, cocaine, methamphetamine, methadone, Dilaudid, Demerol, OxyContin, fentanyl, Dexedrine, and even Adderall, and Ritalin.

Schedule III

Schedule III substances are defined as those with a moderate to low potential for physical and psychological dependence and include drugs such as Tylenol with codeine, ketamine, anabolic steroids, and testosterone.

Schedule IV

Drugs with a low potential for use or dependency fall into Schedule IV. These often have calming and sedative effects. Some examples are Xanax, Soma, Tramadol, Darvon, Darvocet, Valium, Ativan, and Ambien.

Schedule V

Schedule V substances or chemicals have the lowest potential for abuse, but contain preparations containing limited quantities of narcotics. Medical professionals prescribe Schedule V drugs for antidiarrheal, antitussive, and analgesic purposes and include medications such as Robitussin AC, Lomotil, Motofen, Lyrica, and Parepectolin.

Even though the risk for addiction decreases with each classification, any of these medications – prescribed or otherwise – can play a part in receiving an OWI charge in Clarkston or anywhere in Michigan.

Don’t Take Your OWI Charge Lightly

Now that you know what substances can cause an OWI charge in Clarkston or anywhere else in Michigan, you may be feeling more concerned about the circumstances around your arrest.

Expert Oakland County OWI attorney José Fanego’s got your back. With over three decades of experience and a strong familiarity with the 52-2 District court system, you need him on your side.

So contact us today or call (248) 645-1400 and get the representation you deserve.