A DUI or OWI often bring drunk driving to mind. But an intoxication arrest also applies to anyone who is under the influence of drugs, including prescription or even over-the-counter medications. If you are arrested for driving under the influence, and charged with drug intoxication or DUI, connecting with a criminal defense attorney should be your first step.
What Penalties Might You Face?
If you are convicted of drug intoxication In Chippewa Falls, Chippewa County, Eau Claire, Eau Claire County, Menomonie, Dunn County, Rice Lake and Barron County, WI, you’ll be required to attend a rehabilitation facility and an impaired driver education program — both costing you money and time away from your job or family.
In cases of driving while under the influence of drugs, the Wisconsin judge will suspend your driver’s license for a time ranging from six months to multiple years, depending on the conditions of your case. The best action is, of course, 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).
But if you do, it is in your best interest to contact the OWI / DUI criminal defense lawyers at Mullen Schlough & Associates S.C. who are experienced in drug and driving-related offenses. They have your best interests in mind as they represent you in drug intoxication cases and offer payment plans. In addition, they will provide the kind of advice that can help you put these serious charges behind you as quickly as possible.
For example, if you were able to speak plainly and act normally, your lawyer can use this to your advantage in defending your drug intoxication case when the prosecution triest to demonstrate that you were extremely intoxicated to the point of being unable to care for your own safety or 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. 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.
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.
The Fourth Amendment to the U.S. Constitution ensures the privilege to 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.
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.
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.
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.
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.
