Being convicted of an OWI in Chippewa Falls, Chippewa County, Eau Claire, Eau Claire, County, Menomonie, Dunn County, Rice Lake or Barron County, Wisconsin can cause legal consequences when operating a vehicle under the influence of alcohol or drugs.
If charged with driving under the influence (including drugs prescribed to you, not just recreational use), you may face license suspension or revocation, with potential additional monetary fines. Group counseling, like Alcoholics Anonymous, time in prison, and the installation of an Ignition Interlock Device (IID) are expected penalties. Situational details regarding your case can make these repercussions worse.
An experienced OWI lawyer helps you focusing on the situational factors at the scene of the crime. Was the field sobriety test conducted justly? Were your rights read to you? If not, Mullen Schlough & Associates S.C. will take advantage of this systemic weakness in your OWI case while the prosecution tries to collect evidence to prove you were a danger on the road.
A typical misconception of those charged with an OWI charge is that those charged are belligerently drunk or high. You may be charged with an OWI when using any inebriating substance, including those prescribed. Your first step should be to speak to a specialized OWI attorney when charged in order to determine your next step.
When facing these charges, your personal and financial liberties will be at risk. For example, if you face charges related to driving under the influence of drugs, you may be required to attend rehabilitation programs for intoxicated drivers.
Prosecutors can revoke your right to drive a vehicle for up to three years. This will force you to rely on family members or a car service in order for you to attend your court hearings. By contacting the most experienced OWI attorney in your area, you will have a better chance of lessening your punishment or, best case scenario, beating the charges.
The OWI attorneys at Mullen Schlough & Associates S.C. have intense experience in dealing with drugged driving offenses. Our primary concern is what’s in your best interest when handling your case. We aim to guide you in the right direction to take the burden of these charges off your back. You can take advantage of our payment plan to ease your financial troubles.
Below is a list of some defenses for drug possession, providing you with an overview of what to expect:
The reliability of the lab analysis conducted on the seized substance will be determined with the help of an experienced attorney. This will take into question how accurate the crime lab analysis was to determine what the prosecution is claiming to be true.
Unwarranted Search and Seizure:
The Fourth Amendment to the U.S. Constitution ensures lawful and just treatment, including legal search and seizure methods before an arrest. Search and seizure issues are typical for possession defenses.
If unlawful medications are discovered openly displayed, they can be seized and used as evidence in court. On the contrary, drugs that are found in a concealed location cannot be used as evidence in court. If the defendant’s Fourth Amendment rights were infringed upon during the search and seizure, the evidence cannot be used during court proceedings, most likely ending in the charges being dropped.
Exceptions for Medical Marijuana:
In legalized states, individuals facing marijuana possession charges can use an affirmative defense if they can prove medicinal need. These states typically require the prescription from a medical professional.
In a situation where prosecutors lack or lose the drugs they claim to be illegal, their case may be dismissed. Drugs that have been seized often go through multiple transfers before being stored in the locker. It should not be assumed that the evidence is present during trial.
Officers have the right to establish smart operations; Entrapment takes place when informants or police officers provoke a crime to be committed. For example, if an official coerces a suspect to give the illegal drugs to a third party at the scene of the crime, it can be considered a form of entrapment.
An OWI attorney can contest the prosecutors’ claim to provide evidence that establishes ownership of the drugs found in the vehicle by someone other than their client. In this case, the defense strategy asserts that the drugs were not obtained or in possession of the individual in question.
To be clear, no one should ever operate a vehicle while intoxicated in any circumstance. If you or someone you know is struggling with an alcohol or drug problem that feels too much to handle, it is important that you visit: https://www.help.org/prescription-drug-addiction-and-abuse.
Criminal defense firms specializing in OWI charges, such as Mullen Schlough & Associates S.C., have successfully litigated legal courts and trials in OWI cases resulting in dismissal. They have even helped drivers persecuted with operating under the influence protect their permanent record, keep their driving privileges and avoid jail time.
