Politics & Government

Dearborn Ordinance Makes it Unlawful to Drive Under Influence of 'Intoxicating Substances'

The new law broadens the definition of "drugs" for drivers in Michigan.

Drivers in Dearborn can now be arrested for "driving under the influence of intoxicating substances."

The Dearborn City Council approved an amendment to its drunk and impaired driving ordinance on Aug. 13 to bring the city in compliance with the statewide law.

Gov. Rick Snyder signed Public Act 543 in January. The law broadly expands the legal definition of drugs and drugged driving to include any “intoxicating substance.”

Prior to this new law, in order for a person to be charged with drugged driving in Michigan, a drug found in the driver’s system had to be a controlled substance (unlawful and non-medicinal drugs or or three medicinal or prescription drugs).

"In essence, an individual will risk arrest or 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; if they take more than the recommended dosage and it affects their ability to drive; or if they combine prescription drugs with alcohol or other drugs and it affects their ability to drive," said Laurie Ellerbrake, deputy corporation counsel for Dearborn.

The issue for some, however, is the broad definition of 'drug' in the state law.

Patrick Barone, a law professor at the Thomas M. Cooley Law School in Ann Arbor writes that the vagueness of the definition could open up a Pandora's Box of problems.

"The law further defines intoxicating substance to include anything, other than food, that is taken into a person’s body; that is used in a manner or for a purpose for which it was not intended, and that may result in a condition of intoxication," Barone said in an article published on YourMichiganDUILawyer.com.

That could mean drivers can now be stopped and arrested for using dozens of common and uncommon herbs such as ginseng, magnesium, melatonin or chamomile, and other herbs used for "home remedies."

Dearborn Police Chief Ronald Haddad said officers would exercise "common sense" when conducting a traffic stop.

"There are clear signs a driver under the influence of a substance exhibit that our officers are trained to pick up on," he said.

The ordinance amendment goes into effect immediately.


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