DRIVING UNDER THE INFLUENCE OF DRUGS

Getting pulled over and accused of an OWI, DUI or DWI charge from the police in Chippewa Falls, Chippewa County, Eau Claire, Eau Claire County, Menomonie, Dunn County, Rice Lake and Barron County, Wisconsin can lead to some serious charges for any driver. Especially if they do not immediately contact a DUI lawyer to help them understand their charges. One of the biggest and dangerous misconceptions is that an individual needs to be drunk to be arrested for this offense. But an OWI, DUI or DWI charge can extend to much more than alcohol.

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

There is a lot of time and money spent in fighting a case like drug driving. This can have a huge impact on our job and your family. For example, if you’re convicted of drug driving, you will have to attend a rehabilitation facility plus an impaired driver education program.The judge will most likely suspend your driver’s license for up to 3 years, depending on the conditions of your case which makes it even harder to get to your required court hearings and programs. That’s why speaking with a criminal defense attorney should be your first step.

The OWI / DUI criminal defense attorneys at Mullen Schlough & Associates S.C. have years of experience in drug and driving-related offenses. And they have your best interests in mind as they represent you in drug intoxication cases and offer guidance so you can put these serious charges behind you as quickly as possible. 

An example of how they can help you is in questioning what took place during your arrest.  Was your physical behavior (including speech) normal at the time of arrest? If so, Mullen Schlough & Associates S.C. can use this to your advantage in defending your drug intoxication case as the prosecution tries to demonstrate that you were extremely intoxicated to the point of being unable to care for your own safety or as a danger to others

As an OWI / DUI criminal defense law firm with expertise in drug intoxication defense legal services, 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. 

The following is a list of Drug Possession Defenses. 

Crime Lab Examination:

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

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.

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.

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:

Here, prosecutors who lose or otherwise lack the actual drugs risk having their case dismissed. Seized drugs usually get transferred numerous times before being left in the evidence locker, so it should never be assumed that the proof still exists during trial.

Entrapment:

While law enforcement officials are allowed to set up smart operations, entrapment occurs when police officers or sources initiate a suspect to commit a crime he or she otherwise may not have committed. If a source pressures a suspect into passing drugs to a third party, for instance, then this may be viewed as entrapment. Entrapment takes place where the state provides the drugs being referred to.

Drugs Belong to Someone Else:

This is when you claim the drugs do not belong to you. A defense lawyer will pressure prosecutors to prove that the illegal substance found in the car belonged to someone else.

The OWI / DUI defense lawyers of Mullen Schlough & Associates S.C. have successfully litigated legal challenges and trials in OWI / DUI cases resulting in dismissals and acquittals. They have even helped drivers accused of driving under the influence avoid jail, preserve driving privileges and protect a good record.  They even offer payment plans

Your best bet is to never get behind the wheel if you’ve been taking drugs of any kind (from over-the-counter medication that comes with a warning such as cough medicine to recreational drugs like marijuana). And if you think 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. 

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