What do I do about a Post Vehicle Accident Alcohol/Drug Testing?

Hire an attorney.

Hire an attorney.

They treat it very seriously and the case law in Michigan is very favorable to them. Get a local attorney and plan your strategy.

It is difficult to prove a DUI case based solely on a blood or urine test that is positive for THC for the reasons you state in your question. Unlike a certain level of alcohol in our blood (.08 or above), it is difficult to infer a level of impairment based on a level of THC in your system. However, if it is what we call a "legal draw", that is a blood sample taken at the request of an officer based on the implied consent law, as opposed to a "medical draw", blood drawn and analyzed at a doctor's request for purposes of medical diagnoses, the blood (or urine in the case of a urine sample) will be analyzed by SLED (if you are in SC) and they will determine the quantitative level of THC in your blood. They will be able to distinguish recent use from prior use that leaves a small amount in your system. If law enforcement suspected you were under the influence based on the circumstances, such as bad driving, slurred speech, dilated pupils, failed field sobriety tests, ect., and if you tested positive for THC, you will likely be charged with DUI (if you haven't already been) unless it is obviously a trace amount. If that happens, you should retain an attorney review the case. The police must have adequate probable cause to even ask you to submit to drug testing, there is the problem that I mentioned with proving a level of impairment based on a certain drug level, and the testing procedures might have been defective. These are a few of the many issues that should be reviewed before you just pay the fine and plead guilty if you are charged with DUI.

In Michigan, the current state of the law provides that you cannot be convicted of Operating with the Presence of Drugs in your system based only upon a finding of metabolites of marijuana in your system, they have to find active THC. Michigan crime labs test for both. However, if active THC is found in your system, even 1 ng/ml, that is enough to convict, the prosecutor does not have to show an inability to operate your vehicle safely because of the presence of marijuana/active THC.

The Statute is a "zero tolerance" statute. What that means is that if it is in your system, and if the arrest was valid, you are guilty. It is not necessary to show impaired driving. Driving with THC or any other banned substance in your system IS a violation of the law. There was a recent case reported in the regular media exactly on point.

Very poorly and to the detriment of the driver. You will have to make a defense.

Although your Question does involve an "Auto Accident" what you are really asking is about how you can fight or reduce criminal charges or a criminal sentence. I do not practice criminal law and, as such, I cannot provide an answer to your question. I would suggest re-asking your question and list "Criminal" or "Criminal Defense" as the Category.

Not clear what you are trying to do. Have you been charged criminally? If so, your criminal lawyer will know how to deal with that issue. If you are concerned about civil liability why don't you just tell the truth to your own insurance company and let them deal with it. if you flunmcked a drug test then obvioudsly most everybody will tend to put the blame on you. in any event let your insurance co deal with it.

The testing you describe does not prove you were under the influence at the time of the accident. Your lawyer should be able to exclude the evidence of the test if your case went to trial. There was no quantitative analysis of the blood sample and no toxicologist could even speculate as to the effect if any on your driving status at the relevant time. I don't see the DA filing against you on the weed issue.