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Fighting to Help Our Clients Avoid Impaired Driving Penalties
Many people who opt to hire DUI lawyers do so because they’ve been arrested for drunk driving. However, being intoxicated with alcohol isn’t the only impairment a person can be arrested for while driving. Under Wisconsin law, motorists who are under the influence of any substance – whether it’s alcohol or illegal controlled substances – can be charged with a crime. If you’ve found yourself in such a situation, it’s critical that you speak with a Wisconsin drugged driving defense lawyer before doing anything else. Your future could depend on it.
At Casper Mehlos Law Group, our dedicated team of criminal defense attorneys is here to help. We’ve seen the devastating effects a criminal conviction can have on a person’s life. Unfortunately, police officers and the state prosecution care little for such outcomes. What makes this even more devastating is that defendants can be convicted with much less evidence than in DUI cases involving alcohol. This is why you shouldn’t hesitate to contact a drugged driving attorney in Wisconsin. Our law firm offers a free consultation, so you have nothing to lose by reaching out.
Are Drunk Driving and Drugged Driving the Same in Wisconsin?
If you ask any experienced DUI lawyer if drugged driving and drunk driving charges are the same, the answer will vary based on jurisdiction. However, both of these crimes do fall under the umbrella of operating while intoxicated (OWI) under Wisconsin law. This means that the elements of the crime and potential consequences (e.g., loss of driver’s license, jail time, etc.) are all the same. Of course, this might seem confusing since an OWI offense involving drugs cannot be investigated in the same manner as a drunk driving arrest.
That’s because there are simple ways to test for alcohol intoxication at the scene of a traffic stop. A police officer can perform a chemical test on the spot that shows a person’s blood alcohol concentration (BAC). If this concentration is 0.08% or higher, the driver of a motor vehicle will be arrested for drunk driving on the spot. However, a high blood alcohol concentration is not necessary for an arrest. Police officers need only suspect that a person is driving while impaired.
This is typically where field sobriety tests come into play. These physical tests are supposed to allow officers to tell whether someone is intoxicated by any substance. Theoretically, these roadside tests can identify impairment due to prescription medications, illicit drugs, legal substances, and alcohol. A failed field sobriety test can result in a DUI arrest even if a chemical test shows no sign of intoxication. Authorities can perform a blood test later, and this will be treated like all drunk driving cases.
What Is a Restricted Controlled Substance?
The elements of Wisconsin drugged OWI/DUI charges are the same as an alcohol-related arrest, and so are the potential consequences. However, there are differences in how these arrests are treated when it comes to the substance suspected of causing impairment. Testing positive for a restricted controlled substance is the worst possible outcome. All Schedule I drugs fall into this category. With this offense, OWI charges can be brought with any detectable amount of the substance.
Other controlled substances create a more complicated situation. Controlled substances that are not restricted can still result in someone being found guilty of OWI/DUI, but more evidence is required for a conviction. The mere presence of a restricted controlled substance in someone’s system is often enough to obtain a conviction for drugged driving. For controlled substances that are prescription drugs, the state will need to show that actual impairment existed.
This is also true for non-schedule drugs – such as sleep aids and other over-the-counter medications. However, the burden of proof is even higher in these cases. These medications are not typically expected to cause serious impairment, so it’s up to prosecutors and police to prove otherwise. Unfortunately, they’ll work hard to accomplish this – even threatening increased penalties if you don’t accept a plea deal. This is why you should contact a Wisconsin drugged driving lawyer immediately.
Do You Need a DUI Defense Attorney?
If you ask most Wisconsin attorneys, they’ll tell you that you should have legal help for any criminal charge. However, people often wonder whether this is true for drugged driving and drunk driving charges. This is particularly true when someone is facing their first offense. In these cases, prosecutors often say they’ll offer leniency – and this is frequently accompanied by promises that no lasting consequences will occur as long as you don’t break any additional laws.
Unfortunately, this is typically far from the truth. Even for a first offense, a conviction can result in a person losing their driving privileges, having to pay expensive fines, purchasing an Ignition Interlock Device (IID), and a permanent criminal record. This is what happens when you agree to a plea deal, and things get even worse for a second DUI/OWI or subsequent conviction. Even if a plea deal is right in your situation, it’s ideal to have a Wisconsin drugged driving attorney handle this on your behalf.
The deck is stacked against you when you’re taking on the system. If you’re facing an OWI charge in relation to drug impairment, you need a dedicated legal advocate on your side. Contact our law firm today. We’ll help you better understand your options and how to move forward.
What Are the Penalties for Drugged Driving in Wisconsin?
The penalties for a drugged driving conviction in Wisconsin can vary significantly based on the circumstances of your case. In most situations, the differences depend upon whether you’ve previously been convicted in an OWI case. For example, a first offense can result in the loss of your driver’s license for up to nine months, fines of up to $300, additional surcharges, and even a required IID or sobriety program in certain situations.
With each subsequent conviction, penalties get worse. For instance, a second OWI/DUI within 10 years of the first can result in six months of incarceration. Clearly, a Wisconsin drugged and drunk driving defense attorney would be critical in such a situation. However, legal assistance can be invaluable even on a first offense. It may be possible to avoid a conviction, and even if it’s not, your lawyer may be able to secure an occupational license on your behalf along with other concessions from the state.
It’s also worth noting that an attorney may be able to help you avoid jail time when you’re facing incarceration. The importance of this becomes obvious once you learn that some DUI convictions can result in a prison sentence of 15 years. In fact, jail time is even possible on a first offense if someone suffers an injury due to the alleged crime. Clearly, the penalties for an OWI are varied – but a Wisconsin drugged driving lawyer may be able to help you avoid such outcomes.
What’s the Best Legal Defense Strategy for Drugged Driving Charges?
If you look over police reports following a Wisconsin OWI, you might think that predicting the entire process that comes next would be simple. Police seem so certain when they make an arrest, and this certainty is reflected in their report. However, it’s important to remember that there is no such thing as “open and shut” when it comes to the criminal justice system. There are a variety of legal defense strategies that can help a person avoid a drugged or drunk driving conviction.
These strategies include:
- Challenging the legality of the traffic stop
- Questioning test administration (e.g., faulty procedures, improper handling)
- Alternative medical explanations (e.g., signs of impairment were due to a medical condition)
- Challenging the evidence of impairment
- Procedural and constitutional defenses
- Challenging the reliability of field sobriety tests
- Bringing in drug recognition experts
Each of these defense strategies has proven effective for some people in the past. However, this doesn’t mean you should try to mount a defense on your own. None of these strategies are one-size-fits-all, and even if a certain approach fits your situation, there may be a better defense option available. This is why you should speak with a Wisconsin OWI defense attorney before making any major decisions. Exercise your right to remain silent and contact our law firm as quickly as possible.
Contact a Wisconsin Drugged Driving Defense Lawyer Today
If you’ve been arrested for operating a vehicle while allegedly on drugs, the OWI/DUI case against you may be difficult to overcome. Judges and juries very often defer to the judgment of police officers during court proceedings, and any evidence of controlled substances or medications in your system can make mounting a defense that much more difficult. Fortunately, this doesn’t mean you can’t build a strong defense strategy – and having an experienced criminal defense attorney on your side can prove invaluable during this process.
At Casper Mehlos Law Group, we’ve handled OWI/DUI cases involving both prohibited alcohol concentration and drugged driving. In Wisconsin, impaired driving charges and potential penalties are the same – but how the case is handled can be very different. You need someone on your side with extensive experience handling OWI cases of all types, and that’s exactly what you’ll get when working with the law firm of Casper Mehlos Law Group. Contact us at (608) 820-8926 to schedule your free consultation and learn more.