When most people think about DUI charges, they think driving under the influence of alcohol. But did you know you can be arrested for driving under the influence of drugs? Wisconsin has a zero tolerance policy for driving with illegal or prescription drugs in your system.
If you’re facing drug DUI charges, it’s imperative to seek experienced legal guidance immediately. At Nero DUI Defense, our team of attorneys have a proven track record of defending against these types of charges. We’re here to help you navigate the legalities of drug DUIs while fighting for the best possible outcome.
Driving Under the Influence of Illegal Drugs
DUIs involving alcohol often result in a breathalyzer test and any number of field sobriety tests to determine your level of intoxication. Unlike a typical DUI traffic stop, law enforcement do not have a way to test for drugs in your system without administering a blood or urine test. While it is within your rights to refuse a breath test or blood/urine test, refusing can result in additional charges and license suspension. This is due to Wisconsin’s “implied consent” laws.
Wisconsin tests for illegal drugs such as:
- Marijuana (THC): Wisconsin has a zero tolerance law for THC, meaning you can be charged with a DUI even with a very low amount in your system.
- Amphetamines: This includes stimulants like methamphetamine and cocaine.
If you’ve been accused of driving under the influence of illegal drugs, contacting Nero DUI Defense will ensure that you have experienced and knowledgeable legal representation. Nero DUI Defense will work to build a strong defense strategy, tailored to fit your specific circumstances.
Driving Under the Influence of Prescription Drugs
Driving under the influence of prescription medications can have serious consequences, including accidents, injuries, and even fatalities.
Prescription medications can have unexpected side effects, including drowsiness, dizziness, and impaired judgment – all of which can significantly impact driving ability. Even if you're taking your medication as prescribed, it's crucial to be aware of potential side effects that could impair your driving.
If suspected of a drug DUI, Wisconsin law enforcement may request you submit to a blood draw or urine test to determine the amount of prescription drugs in your system. Blood and urine tests can detect a wide range of controlled substances including opioids and benzodiazepines. Even though these medications may be prescribed to you, they can still impair your driving ability when taken.
What Penalties Will You Face If Convicted of a Drug DUI?
Wisconsin has some of the harshest DUI laws in the country. Law enforcement focuses on whether the drug has impaired your ability to drive safely, not just the presence of the drug in your system. This means that you can be charged with a drug DUI even if the drug amount found in your system is very low.
Drugged driving penalties in Wisconsin include:
- Drivers license suspension
- Hefty fines
- Mandatory educational courses
- Community service
- Potential jail time
These are just some potential consequences. The specific penalties will depend on the circumstances of your case, the judge's discretion, and Wisconsin's current laws.
In Wisconsin, a drug DUI or OWI conviction mandates a drug and alcohol evaluation for every offender. This evaluation is designed to help develop an individualized driver safety plan, that outlines the specific treatment, OWI education, and sobriety testing measures deemed necessary for each person.
Is a Drug DUI Considered a Felony Drug Conviction?
In Wisconsin, a drug DUI itself is generally not considered a separate felony drug conviction. While a drug DUI itself might not be a separate felony drug conviction, the consequences can be severe, and in certain situations, it can lead to felony charges.
Drug DUI as a Misdemeanor
- Most first and second-time drug DUI offenses in Wisconsin are classified as misdemeanors.
- However, they can still carry serious penalties, including jail time, fines, and license revocation.
Aggravating Factors
In some cases, a drug DUI can lead to felony charges, especially if:
- There are prior DUI convictions (alcohol or drug-related)
- The DUI resulted in injury or death
- A child was present in the vehicle
Facing a drug DUI charge in Wisconsin can have serious consequences, even if it's not initially a felony. If you're facing these charges, it's crucial to seek experienced legal counsel. Nero Defense has a team of skilled attorneys who focus on DUI defense and can help you navigate the complexities of your case while fighting for the best possible outcome.
Why Hire a Drug DUI Attorney in Wisconsin?
At Nero DUI Defense, we exclusively focus on DUI defense, allowing us to develop a deep understanding of every aspect of these complex drug DUI cases. Our team, led by Adam Nero, a renowned OWI defense lawyer in Western Wisconsin, is dedicated to providing aggressive and effective representation to ensure the best possible outcome for your case.
We understand that a DUI arrest can be a deeply unsettling and life-altering experience. At Nero DUI Defense, we treat each client with compassion and respect. Adam Nero and our team are committed to providing personalized legal guidance and aggressive defense strategies tailored to your individual needs. We'll fight tirelessly to protect your rights and minimize the impact of these charges on your future.Contact Nero DUI Defense by calling us at (715) 318-7000 or visit us online.
