OTC Meds, Weed and Drug Driving

You’ve heard of drunk driving and know exactly what that entails. But do you know about drug driving and that it can include OTC (over the counter) medication too?

DUI means driving under the influence. That can include alcohol, weed, prescription drugs or even over-the-counter meds like: antihistamines, aspirin, antacids, acetaminophen, laxatives and decongestants. 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.

In Wisconsin, drug offenses are categorized based on the substance, amount and the prior record of the offender. They are also classified by the level of addictive effect and abuse. In short, a crime may be classified as a misdemeanor or felony based on circumstantial data. The intricacy of Wisconsin drug statutes requires criminal lawyers who have comprehensive knowledge of drug charge defense strategies.

For example, if you were able to speak and act in a normal way, your criminal defense lawyer can use this to your advantage in defending your drug intoxication case when the prosecution tries to prove that you were so intoxicated that you were unable to care for your own safety or a danger to others

If you receive a DUI or OWI, it is likely that the judge will suspend your driver’s license for six months to multiple years, depending on the conditions of your case. A drug intoxication conviction In Chippewa Falls, Chippewa County, Eau Claire, Eau Claire County, Menomonie, Dunn County, Rice Lake and Barron County, WI, will also result in a mandatory stay in a rehabilitation facility plus an impaired driver education program. In all of these cases, it will impact your job, your finances and your family.

Of course the best plan of action is to never get behind the wheel if you’ve been taking drugs of any kind (from recreational drugs like marijuana to over-the-counter medication, like cough medicine, which is accompanied with a warning about operating any kind of heavy machinery after taking). 

Note that it doesn’t matter if this is a person’s first offense with a clean record or if it is their third offense and they have made some mistakes in the past. OWI cases constantly come down to the law and the details. Just because a person may be good, they shouldn’t expect the government to offer them a pass or break on those grounds alone. Instead, the person’s case will need to be meticulously analyzed and examined before an attack strategy can be implemented.

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.


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 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.

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. 

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

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