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A Better Partnership
August 15, 2013

COA reinstates charges against a defendant for driving under the influence of Ambien

In People v Kane, the Michigan Court of Appeals reinstated charges against a defendant for "driving under the influence of a controlled substance" because the defendant had Ambien, a drug used to treat insomnia, in his system at the time of the accident.  The defendant was charged with violating MCL 257.625(1)(a), which does not define "controlled substance."  The circuit court dismissed the charge, reasoning that Ambien was not a controlled substance because it was not listed in the schedules of the controlled substance act.  The Court of Appeals disagreed because the regulations classify Ambien as a schedule 4 controlled substance pursuant to R338.3123(aaa).

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