What to do if convicted DUI. Drivers seem to have a better understanding of drunk driving consequences but not as much about drug driving. A DUI (driving under the influence) includes alcohol and marijuana but also prescribed drugs and even over-the-counter medications such as: antacids, acetaminophen, antihistamines, aspirin, laxatives and decongestants. If you have been arrested for driving under the influence, and charged with drug intoxication or DWI, you should speak with the best criminal defense attorney with extensive knowledge of the DUI laws in Wisconsin.
In Chippewa Falls, Chippewa County, Eau Claire, Eau Claire County, Menomonie, Dunn County, Rice Lake and Barron County , drug offenses are categorized by the substance ingested, the amount taken and any prior records the driver may have. It can also be classified by the level of addictive effect and abuse. This crime will be classified as a misdemeanor or felony based on that circumstantial data. Wisconsin drug statutes are complicated and best handled by a criminal defense lawyer with comprehensive knowledge of drug charge defense strategies.
The prosecution will try to prove that you were so intoxicated that you were unable to care for your own safety or a danger to others. But did you know that if you were able to talk and behave in a normal way when you were pulled over, then your DUI criminal defense lawyer can use those facts to your advantage while defending your drug intoxication case?
An OWI or DUI charge will probably result in the judge suspending your driver’s license for six months or up to several years, depending on your case’s details. A drug intoxication conviction In WI, can also result in a mandatory stay at a rehabilitation facility plus attendance at an impaired driver education program. No matter the severity of your case, it will impact your finances, your job and your personal life.
It does not matter if this is your 1st offense or your 3rd offense, DUI cases always boil down to the local law and the many details about what happened. Even if you have always had a good record, don’t expect the government to offer you a slap on the wrist. The driver’s case needs to be meticulously examined and analyzed before an attack strategy can be implemented.
Of course, the best plan of action is to not get behind the wheel if you have taken any kind of recreational drug like weed or over-the-counter meds that come with a warning about operating heavy machinery after taking.
FYI – here is a list of Drug Possession Defenses.
The prosecution must prove that the seized substance is an illegal drug by sending the proof to a crime lab for examination. The crime lab analyst must bear witness at trial in order for the prosecution to put forth its case.
A criminal defense attorney will pressure prosecutors to prove that the illegal substance found in the car belonged to someone else if they were, in fact, not yours.
Law enforcement officials are allowed to set up smart operations. However, entrapment occurs when police officers or sources initiate a suspect to commit a crime an individual 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.
States where medical marijuana has been legalized typically require a doctor’s signed note. 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.
In this case, prosecutors who lose or lack the actual drugs will risk having their case dismissed. Seized drugs often get handled dozens of times before being left in the evidence locker, so it should never be assumed that the proof still exists during trial.
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.
Illegal medications found on display might be seized and utilized as proof but drugs found in a hidden place may not 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 DUI criminal defense law firm with expertise in drug intoxication defense legal services, Mullen Schlough & Associates S.C. is affordable and well qualified to represent you in even the most difficult of legal challenges you may be facing. Mistakes do happen so if you do find yourself in this unfortunate situation, contact the DUI / OWI criminal defense attorneys at Mullen Schlough & Associates S.C. They will take efforts to represent you in your drug intoxication case and even offer clients affordable payment options.. You will receive professional advice to help you put these serious charges behind you as quickly as possible.
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.