Drug Driving Facts

In Wisconsin, drug offenses are categorized based on the substance, amount, and the offender’s prior record. They are also classified by the addictive effect and abuse level, and the class also organizes it. Intoxication is beyond alcohol and includes weed and prescription or even over-the-counter medications.

The intricacy of Wisconsin drug statutes requires criminal lawyers who have comprehensive knowledge of drug charge defense strategies.

For example is that the person can speak and act in a usual way, which can be used to your advantage in defending your drug intoxication case when the prosecution tries to prove that you were so intoxicated that you were a danger to others or unable to care for your safety by your criminal defense lawyer.

If you receive an OWI or DUI, the judge will most likely suspend your driver’s license for a minimum of six months and upward to several years, depending on the conditions of your case. 

A drug intoxication conviction In Chippewa Falls, Chippewa County, Eau Claire, Eau Claire County, Menomonie, Dunn County, Rice Lake, and Barron County, WI, can lead to a mandatory stay in a rehabilitation facility as well as an impaired driver education program, which can impact your finances, job, and family.  

Never get behind the wheel if you’ve been taking drugs of any kind (from recreational drugs like marijuana to OTC medication, like cough medicine, accompanied by a warning about operating any heavy machinery after taking). If you did, the best way to do this is to contact the OWI / DUI criminal defense lawyers at Mullen Schlough & Associates S.C., who are experienced in drug and driving-related offenses. They offer payment plans. They can represent you in court in the best way.

As an OWI / DUI criminal defense law firm with expertise in drug intoxication legal defense services, Mullen Schlough & Associates S.C. is prepared and well qualified to represent you in even the most complex legal challenges you may face.

For reference, here is a list of Drug Possession Defenses. And as an aside, 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. 

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.

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 familiar territory for drug possession defenses.

Seized and utilized as proof if illegal medications found on display are possible. In contrast, drugs found in hidden places can’t be used as pieces of evidence. If the defendant’s Fourth Amendment rights were violated, at that point, the drugs can’t be utilized at trial, and the charges usually 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.


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

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. At that point, the crime lab analyst must bear witness at trial for the prosecution to put forth its case.

Missing Drugs:

Here, prosecutors who lose or otherwise lack the actual drug 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 the trial.

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

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