Even the Toughest Drug Driving Case Can Be Dismissed. Law enforcement officials in every state, including Wisconsin, continue to keep intoxicated drivers off the road. One of the most general and dangerous misconceptions is that an individual needs to be drunk to be arrested for this offense. 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, WI can lead to serious charges.
If convicted of drugged driving (including prescription drugs), you could face a fine, driver’s license suspension or revocation, substance abuse counseling, jail time, and installation of an ignition interlock device (IID). These penalties can increase to a large extent if certain aggravating factors are present.
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.
An OWI or DUI 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.
If you are convicted of drug intoxication, 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.
If you’ve been accused of driving while under the influence of drugs In Chippewa Falls, Chippewa County, Eau Claire, Eau Claire County, Menomonie, Dunn County, Rice Lake and Barron County, WI, the judge will most likely suspend your driver’s license for up to 3 years, depending on the conditions of your case.
Of course, 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).
Should you find yourself in need of expert criminal defense help, the OWI / DUI criminal defense lawyers at Mullen Schlough & Associates S.C. 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. And most importantly, they will offer guidance so you can put these serious charges behind you as quickly as possible.
For example, was your speech and physical behavior deemed 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 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. T
The following 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.
