Advice on Operating While Intoxicated Charges

In Chippewa Falls, Chippewa County, Eau Claire, Eau Claire, County, Menomonie, Dunn County,  Rice Lake or Barron County, Wisconsin, being charged with a DUI can bring about serious consequences for those found with drugs or alcohol on or in their person.

When convicted of driving under the influence of drugs (this can include prescription drugs and is not limited to recreational drugs), you have the potential of getting your driver’s licence revoked or suspended, with a likelihood of facing monetary fines. There will be requirements for counseling, such as Alcoholics Anonymous, potential jail time, and the possibility of an IID (Ignition Interlock Device) being installed in your car. Impending factors of your case may worsen these repercussions depending on the circumstance.  

A DUI or OWI specialized attorney can assist you by looking into different factors of the scene of the arrest. Were your rights read to you? Was a field sobriety test conducted unlawfully? If so, Mullen Schlough & Associates S.C. will take advantage of this evidence in your DUI case while the prosecution attempts to prove that you were a danger to the safety of yourself and others on the road

One misleading misconception about typical DUI or OWI charges is that one must be incoherently drunk or high to be charged. OWI charges can be put into place with any inebriating substance, including prescription drugs. If you or a family member has been convicted of a DUI or OWI, your first step should be to speak to experienced OWI lawyers, which can be helpful in determining next steps and options.

The consequences of contesting an accusation like this can be far greater than you may anticipate, significantly affecting both your financial situation and personal liberty. For instance, if you face charges related to driving under the influence of alcohol or drugs, you will be required to undergo rehabilitation and participate in an extensive program for educating impaired drivers. 

Depending on your situation, prosecutors can suspend your driving permissions for around three years. This will make it difficult to attend court hearings, which will force you to rely on a car service, family or friends to take you. If you prioritize contacting the best OWI or DUI criminal defense lawyer as a first step, you have a chance at beating the charge or at least reducing the judicial punishment.

The DUI criminal defense lawyers at Mullen Schlough & Associates S.C. have ample experience in drugged and drunk driving offenses When handling your drug-related case, our primary concern is always your best interests. We aim to offer guidance that will help you swiftly resolve these burdensome charges and move forward.You can take advantage of their payment plan to finally ease the financial burden.

Below is a list of potential defenses for drug possession, providing you with an overview of what to expect:

Crime Lab Analysis::

This will question the accuracy of the analysis to determine if it was really the impairing substance they claim for it to be. The reliability of the lab analysis conducted on the seized substance will be determined with the help of a competent attorney.

Unwarranted Search and Seizure

If illegal medications are discovered openly displayed, they can be seized and used as evidence. Conversely, drugs found in a concealed or hidden location cannot be introduced as evidence. If it is determined that the defendant’s Fourth Amendment rights were violated during the search or seizure, the drugs cannot be used during the trial, often leading to the charges being dropped.

The Fourth Amendment to the U.S. Constitution ensures lawful and just treatment, including legal search and seizure methods before an arrest. Search and seizure issues are typical for possession defenses.

Exceptions for Medical Marijuana:

In states where it is allowed, individuals facing marijuana possession charges can use an affirmative defense if they can provide clear and credible evidence of medical need. States where medical marijuana has been legalized typically require a prescription from a medical professional.

Missing Drugs:

In situations where prosecutors lose or lack the actual drugs as evidence, there is a risk of their case being dismissed. It is important to note that seized drugs often go through multiple transfers before being stored in the evidence locker. Therefore, it cannot be assumed that the evidence still exists during the trial.


Legal officials have the authority to establish intelligent operations; however, entrapment takes place when police officers or informants incite a suspect to commit a crime that they may not have otherwise committed. For instance, if an official coerces a suspect to transfer drugs to a third party present at the scene, it can be considered a form of entrapment. It is important to note that entrapment occurs when the state provides the drugs in question.

Drugs are Not Yours:

In this scenario, the defense strategy revolves around asserting that the drugs were not obtained or possessed by the individual in question. A skilled OWI (Operating While Intoxicated) lawyer will challenge the prosecutors to provide evidence that establishes ownership of the drugs found in the vehicle by someone other than their client.

To clarify, you should drive while intoxicated in any circumstance. If you or someone you know is struggling with an alcohol or drug problem that feels unmanageable, we encourage you to visit: 

Criminal defense law firms with expertise in OWI/DUI, such as Mullen Schlough & Associates S.C., have successfully litigated legal courts and trials in DUI/OWI cases resulting in dismissals and acquittals. They have even helped drivers persecuted with driving while under the influence avoid jail time, keep driving privileges and protect their permanent record.  

For more information or to learn about our services and payment options visit Mullen,Schlough & Associates S.C.

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