Drug Possession Defenses You Should Know

In Chippewa Falls, Eau Claire County, Chippewa County, Eau Claire, Dunn County, Chippewa County,  Menomonie, Claire County, Rice Lake and Barron County, Wisconsin, a DUI or an OWI can be a very serious offense if charged at any age. A misconception most believe is that the driver needs to be drunk for one of these charges, but that is false. A DUI or an OWI goes beyond alcohol. 

If you’re convicted of drugged driving, even on prescription drugs, you could face huge fines. You could also face a license revocation or suspension, jail time, substance abuse counseling, and the installation of an IID (ignition interlock device.) These punishments can get more severe if aggravating factors also come into play. 

These convictions can affect your job and family as well. A lot of money is spent fighting these cases along with possibly attending a rehabilitation facility or a drivers education program. The judge can suspend your license for up to 3 years depending on the condition of your case, which can impact your ability to acquire your court hearings and programs. Speaking with a criminal defense lawyer should be top priority when this happens. 

The OWI or DUI criminal defense attorneys at Mullen Schlough & Associates S.C. have over 20 years of experience in drug and drunk driving-related offenses. They will represent you in drug intoxication cases and offer guidance so you can put these serious charges behind you as quickly as possible. 

Your criminal defense attorneys will ask questions such as; What happened during your arrest? Or, Was your physical behavior normal at the time of arrest? The attorneys at Mullen Schlough & Associates S.C. can use this to your advantage as the prosecution tries to claim how much of a danger you were to yourself and others. 

As OWI criminal defense attorneys with deep experience with drug intoxication defense legal services, Mullen Schlough & Associates S.C. are the most experienced and well equipped to represent you in even the harshest charges you may be facing. 

Here is a helpful list of Drug Possession Defenses to brush up on:

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.

While Illegal medications found on display might be seized and utilized as proof, drugs found in a hidden place cannot be included as evidence. If the defendant’s Fourth Amendment rights were violated, the drugs cannot be used at trial and the charges are often dropped.

At Mullen Schlough & Associates, the best DUI and OWI lawyers have litigated the most challenging of DUI / OWI cases resulting in successful dismissals and acquittals on many occasions. They’ve helped those accused avoid prison, revocation or suspension of drivers licenses, and maintain a clean record. Their payment plans offered make it much easier for those who need legal help to acquire it. 

The number one way to prevent any of these charges is to never get behind the wheel if under the influence of drugs of any kind (including over the counter medications that come with a warning.) If you feel that your drug or alcohol consumption might be getting “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.


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