What to Know About DUI and OWI Charges

An OWI or DUI charge from the law enforcement of Chippewa Falls, Eau Claire County, Chippewa County, Eau Claire, Dunn County, Chippewa County, Menomonie, Claire County, Rice Lake and Barron County, Wisconsin is a very serious charge for a driver at any age. However, not everyone realizes that an individual does not necessarily need to be under the influence of alcohol to get arrested for this offense. 

If convicted of drugged driving, including prescription drugs, you could be facing huge consequences. This includes huge fines, drivers license revocation, substance abuse counseling, jail time, and even the installation of an ignition interlock device (IID). 

The amount of money and time spent fighting a case like this can have a negative impact on your job and your family. For example, if you’re convicted of drugged driving, you may need to attend a rehabilitation facility as well as an impaired driver education program. The judge will most likely suspend your license for up to 36 months depending on the severity of your case, which makes it harder to get your required court hearings and programs. This being said, speaking with a criminal defense attorney should be top priority. 

The OWI or DUI criminal defense attorneys at Mullen Schlough & Associates S.C. have over 20 years of experience in drug and drunk driving-related offenses. They will represent you in drug intoxication cases and offer guidance so you can put these serious charges behind you as quickly as possible. 

To assist you, looking at the context of the arrest can help your case a lot. Was your physical behavior (including your speech) normal at the time of your arrest? If so, Mullen Schlough & Associates S.C. will use this to your advantage to defend your drug intoxication case while the prosecution aims to prove that you were extremely intoxicated and unable to care for your own safety or that you were a danger to others.

As OWI criminal defense attorneys with deep experience with drug intoxication defense legal services, Mullen Schlough & Associates S.C. are the best lawyers to represent you in even the most difficult of legal challenges that you may be facing.

Here is a helpful list of Drug Possession Defenses to brush up on:  

Unlawful Search and Seizure: 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. While Illegal medications found on display might be seized and utilized as proof, drugs found in a hidden place cannot be included as evidence. If the defendant’s Fourth Amendment rights were violated, the drugs cannot be used at trial and the charges are often dropped.

​​Missing DrugsHere, 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.

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.

Entrapment: 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. This may be viewed as entrapment. Entrapment takes place where the state provides the drugs being referred to.

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.

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.

Mullen Schlough & Associates SC Wisconsin’s best OWI / DUI defense lawyers, have litigated many legal challenges and trials in DUI / OWI cases resulting in successful dismissals and acquittals on many occasions. They have even helped drivers accused of driving under the influence avoid prison, keep their driving privileges and preserve a good record. Their payment plan options make it that much easier for those in need of legal help.

Obviously the best way to completely prevent legal trouble 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).

If you feel that your drug or alcohol consumption might be getting “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 https://msa-attorneys.com/

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