New Senate Bill

Last Updated on Wednesday, 13 March 2013 15:09 Written by Marisa Eynon-Ezop Wednesday, 13 March 2013 15:01

The following information was distributed by the Saginaw County Department of Public Health Substance Abuse Treatment and Prevention Services Division.

Public Act 543 of 2012 takes effect at the end of the month, March 31, 2013.  This law will make it a crime to operate a motor vehicle while under the influence of or while visibly impaired by the ingestion of an “intoxicating substance”.  Because the definition of “intoxicating substance” will include prescription drugs, a concern has been expressed that this will result in prosecution of drivers who lawfully take prescription medication.   That will not happen under a proper understanding of the law.

Please note this is not a per se law.  A person does not violate this law just because they have ingested an intoxicating substance, any more than a person violates this just because they had one or two drinks.  A person violates this law only when they operate a motor vehicle when they are under the influence or visibly impaired by the intoxicating substance. 

 What does this mean?

 "Under the influence” means that because of consuming an “intoxicating substance”, the defendant's ability to operate a motor vehicle in a normal manner was substantially lessened.   The test is whether, because of consuming an “intoxicating substance”, the defendant's mental or physical condition was significantly affected and the defendant was no longer able to operate a vehicle in a normal manner.

To prove that the defendant operated “while visibly impaired,” the prosecutor must also prove beyond a reasonable doubt that, due to the consumption of an “intoxicating substance”, the defendant drove with less ability than would an ordinary careful driver. The defendant's driving ability must have been lessened to the point that it would have been noticed by another person.

In essence, if an individual is properly taking his/her own prescribed medication, they can properly drive their vehicle without facing any charges under the new law.  But they will risk arrest and prosecution if:

•  They ignore the prescription warnings that it may not be safe to operate a vehicle after taking their medication and the medication actually affects their ability to drive, or,
•  They don’t follow the prescription instructions such as they take more than the recommended dosage, or combine it with alcohol or other drugs, and it affects their ability drive, or,
•  They take someone else’s prescribed medication and it affects their ability to drive.

People who drive when their ability has been affected by prescription drugs are just as dangerous as someone who has consumed too much alcohol, or a schedule 1 controlled substance, and should no longer have a loophole that allows them to endanger the public without facing criminal consequences.