DO YOU HAVE A DRUG DRIVING CHARGE?

An OWI or DUI doesn’t just apply to alcohol. A driver under the influence of drugs, including prescription or even over-the-counter medications is just as damaging with a long-lasting impact on your record and finances. Getting pulled over and accused of a DUI or OWI charge from police officers in Chippewa Falls, Chippewa County, Eau Claire, Eau Claire County, Menomonie, Dunn County, Rice Lake and Barron County, WI can lead to serious charges. 

Don’t fret, you might be able to beat the charges if you have the right DUI criminal defense attorney by your side. Mullen Schlough & Associates S.C. has decades of experience defending clients who have been charged with a DUI or OWI and offer a free consultation and a payment plan. The OWI / DUI defense lawyers of Mullen Schlough & Associates S.C. have successfully litigated legal challenges and trials in DUI or OWI cases resulting in dismissals and acquittals. They have successfully helped drivers accused of operating while intoxicated avoid jail, keep driving privileges and protect their record. 

One way your DUI criminal defense lawyer can save you aggravation and wasted time is by cutting to the most important questions regarding your case such as “was your physical behavior and speech considered normal at the time of your arrest?” If the answer is yes then your OWI criminal defense attorney can use this to your advantage in defending your DUI case when the prosecution tries to prove that you were intoxicated to the point of being a danger to yourself or others. 

Of course, never get behind the wheel if you have taken any kind of drugs (including recreational drugs like weed or over-the-counter medication with warnings such as cough medicine).

Illegal medications found on display might be seized and utilized as proof. Be that as it may, drugs found in a hidden place can’t be entered into evidence. In the event that the defendant’s Fourth Amendment rights were violated, at that point the drugs can’t be utilized at trial and the charges normally are dropped.

Penalties You May Face:
If you are convicted of a drug related OWI, you may be required to take time away from your job and family to complete an impaired driver education program at a rehabilitation facility. 

In Chippewa Falls, Chippewa County, Eau Claire, Eau Claire County, Menomonie, Dunn County, Rice Lake and Barron County, WI, the judge will most likely suspend your driver’s license for up to 3 years, depending on the conditions of your drug driving DUI case. 

The following is a list of Drug Possession Defenses. And as an aside, if you are thinking your drug or alcohol consumption might be “a little out of control”, click the following link: https://www.help.org/prescription-drug-addiction-and-abuse. 

 

Examination at a Crime Lab :

The prosecution has to demonstrate that the substance they seized is absolutely the illegal drug they claim it is by sending the proof to a crime lab for examination. The crime lab analyst must then bear witness at trial in order for the prosecution to put forth its case.

Drugs Don’t Belong to You:

A defense lawyer can argue with prosecutors to prove that the illegal substance found in the car did not belong to you which can help lessen or dismiss your case. 

Entrapment:

Entrapment happens when police initiate a suspect to commit a crime he or she otherwise may not have committed. If a law official pressures a suspect into passing drugs to a third party, for example, this can be viewed as entrapment. Entrapment takes place where the state provides the drugs being referred to.

Medical Marijuana Exception:

States where medical marijuana has been legalized typically require a doctor’s signed recommendation. But some of those states also accommodate an affirmative defense by individuals arrested on marijuana possession charges who can show clear and credible evidence of medical necessity.

Missing Drugs:

Prosecutors who lose or lack the drugs in question are at risk in their case being dismissed. Drugs that were seized are often transferred many times before making it into the evidence locker, so never be assume that the proof still exists during trial.

Unlawful Search and Seizure

The Fourth Amendment to The U.S. Constitution ensures the privilege of fair treatment of law, including legal search and seizure methods before an arrest. Search and seizure issues are a regular territory for drug possession defenses.

If convicted of drugged driving (including prescription drugs), you could face a fine, driver’s license suspension or revocation, substance abuse counseling, jail time, and installation of an ignition interlock device (IID). These penalties can increase to a large extent if certain aggravating factors are present.

Mullen Schlough & Associates S.C. have years of experience and expertise to represent you in even the most difficult of legal challenges that you may be facing. They will have your best interests in mind as they represent your drug intoxication case and they can even offer payment plans. Most importantly, Mullen Schlough & Associates S.C. offer guidance to quickly put these serious charges behind you.

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