Drug Driving Laws in WI

Weed, Prescription and Over-the-Counter Meds

Most often people discuss drunk driving and its consequences. But there needs to be a higher level of knowledge about drug driving. Especially for the fact that it includes OTC (over the counter) medication.

A DUI (driving under the influence) includes alcohol, marijuana, prescribed drugs plus over-the-counter medications such as: antacids, acetaminophen, antihistamines, aspirin, laxatives and decongestants. If you have been arrested for driving under the influence, and charged with drug intoxication or DUI, the first step should be to speak with a criminal defense lawyer who knows the laws in Wisconsin.

In Chippewa Falls, Chippewa County, Eau Claire, Eau Claire County, Menomonie, Dunn County, Rice Lake and Barron County , drug offenses are categorized by the substance, the amount and any prior records the driver may have. It can also be classified by the level of addictive effect and abuse. This crime will be classified as a misdemeanor or felony based on circumstantial data. The intricacy of the Wisconsin drug statutes are best handled by a criminal attorney with comprehensive knowledge of drug charge defense strategies.

Let’s say, for example, that you were able to talk and behave in a normal way when you were pulled over. The prosecution will try to prove that you were so intoxicated that you were unable to care for your own safety or a danger to others.  But your criminal defense attorney can use those facts to your advantage when defending your drug intoxication case.

A DUI or OWI charge will most likely result in the judge suspending your driver’s license for six months or up to several years, depending on the details of your case. A drug intoxication conviction In WI, can also land you in a mandatory stay at a rehabilitation facility as well as attending an impaired driver education program. For all of these cases, it will certainly impact your work, your bank account and your social life.

The best plan of action, of course, is to never get behind the wheel if you have ingested any kind of drugs (whether it’s a recreational drug like weed or over-the-counter meds that are accompanied with a warning about operating any kind of heavy machinery after taking). 

Unfortunately, it does not matter if this is a driver’s 1st offense or if it is their third offense and they have made some mistakes in the past. DUI cases always boil down to the law and the details. If a person has always had a good record, they should not expect the government to offer them a pass. The driver’s case needs to be meticulously examined and analyzed before an attack strategy can be implemented.


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.

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.


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.

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.

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.

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

Mistakes do happen so if you do find yourself in this unfortunate situation, contact the OWI / DUI criminal defense lawyers at Mullen Schlough & Associates S.C. who are experienced in drug and driving-related offenses. They will take great care representing you in your drug intoxication case and offer clients payment plans. You will receive professional advice to help you put these serious charges behind you as quickly as possible.

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

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