Updated on September 16th, 2021 at 08:45 pm

Drugged Driving is being impaired by medication while driving. Any medication that can slow your reaction time can increase the risk of causing an accident. Prescription medication has become a major factor behind the rise in Wisconsin DUI arrests. 

In addition, medications can hurt your ability to judge distances and speed. Warning labels on the side of certain prescription bottles are put there to advise against the potential dangers.

While it is important to take your medication as directed by your doctor, it is never good to mix medication with alcohol as it can severely enhance the side effects. Everyone reacts differently to prescription medications. Having a legal prescription does not protect you from getting arrested for driving under the influence.

“A person may test positive for a drug, but may not have been impaired by that drug at the time of the accident.”– Dr. Guohua Li, Professor of Epidemiology and Director of the Center for Injury Epidemiology and Prevention.

What Is Considered Impaired Driving In WI?

Wisconsin law identifies drunk or drugged driving as impaired driving.

Impaired driving – the law prohibits driving under the influence of an intoxicant to the extent that one cannot drive safely.

Driving with a detectable amount of a controlled substance in your system – even if the restricted controlled substance used doesn’t cause impaired driving, you can be charged with drugged driving if police find traces of drugs in your blood. Also, if you used the controlled substance a couple of days ago and the police find traces in your urine or blood, it’s enough to be charged.

What happens if you get pulled over high in Wisconsin?

Drugged driving penalties include fines, jail time, and suspension of your license. The severity of the consequences depends on if it’s a first offense or a repeat offense, if a minor was present at the time of arrest, and if you were driving through a construction or school zone.

Below is a quick breakdown of the consequences a person should expect:

First Offense OWI in WI

The penalties include:

  • $150 to $300 fine
  • $365 OWI surcharge
  • BAC .15% and above 1-year Ignition Interlock Device Order.
  • 6 to 9 month driver’s license revocation
  • Alcohol & Other Drugs Assessment and Driver Safety Plan

Second Offense OWI in WI

An OWI is treated as a second conviction if committed again within ten years after the initial offense. The penalties include:

  • $350 to $1,100 fines. These penalties double when the BAC is between 0.17% and 0.199% and triples if the BAC is between 0.20% and 0.249%. If the BAC is over 0.25%, the fine is four times the initial amount.
  • Five days to 6 months imprisonment. The jail time doubles if there was a passenger under 16 years when committing the offense.   (This is true, but it never happens).
  • 12 to 18 month driver’s license revocation
  • 12 to 18 month Ignition Interlock Device Order
  • Alcohol & Other Drugs Assessment and Driver Safety Plan

Third Offense OWI in WI

OWI charges in Wisconsin are considered a third offense if the driver has been convicted twice in their lifetime. The penalties include:

  • $600 to $2,000 fine and $435 surcharge. If there were a passenger under 16 years at the time of the arrest, the fines would range from $1,200 to $4,000.
  • 45-days to 1-year imprisonment
  • 2 to 3 years revocation of your driver’s license. And if there was an underage passenger while you were driving under the influence of marijuana, the penalty limits double.
  • 1 to 3 year Ignition Interlock Device Order
  • Alcohol & Other Drugs Assessment and Driver Safety Plan

Fourth Offense OWI in WI

  • According to Senate Bill 455, a 4th offense drugged driving charge is a Class H felony. The penalties of a 4th DUI charge are:
  • $600 to $10,000 fine
  • Six months to 6 years imprisonment
  • Lifetime driver’s license revocation.

Is drunk driving a crime in Wisconsin?

Drunk driving isn’t always treated as a crime. However, if you are arrested for driving under the influence of marijuana, or another drug, you should consult Nathan J. Dineen, Attorney At Law, for an experienced OWI defense.

A first-time drunk driving charge is treated as a civil case instead of a criminal offense. But while the term civil may sound less serious than criminal, you should take it seriously as it goes on your record and can impact your life moving forward.

Repeat OWI arrests are charged as felonies or misdemeanors depending on the number of times you’ve been charged for drugged driving. To stand a better chance of having the charges reduced or even dismissed, hire defense attorneys who specialize in Wisconsin OWI laws and can provide excellent defense.

If you have been charged with a DUI in Wisconsin, be sure to hire the best criminal defense. Don’t delay. Defense attorneys Nathan J. Dineen and Daniel R. Skarie practice 100% DUI/OWI charges and are available 24/7 to answer any questions you might have. Call our local office at 262-250-1976, Toll-Free at 1-877-384-6800, or contact us online to schedule your FREE legal consultation today!