Most drivers do not associate a DUI with drug driving but “intoxication” goes beyond alcohol to include weed and prescription or even over-the-counter medications too! 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.
One example is if you were able to speak and act in a normal way, your criminal defense attorney may 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 a danger to others or unable to care for your own safety.
If you receive an OWI or DUI, the judge will most likely suspend your driver’s license for a minimum of six months and upward to several 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, can also lead to a mandatory stay in a rehabilitation facility as well as an impaired driver education program. And of course, it will most certainly impact your job, your finances and your family.
Obviously, 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 OTC medication, like cough medicine, which is accompanied with a warning about operating any kind of heavy machinery after taking). But if you do, it is in your best interest to contact the OWI / DUI criminal defense lawyers at Mullen Schlough & Associates S.C. who 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. In addition, they will provide the kind of advice that can help you put these serious charges behind you as quickly as possible.
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.
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.
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. 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.
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.
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.
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.