Updated on February 5th, 2024 at 08:51 pm

 Wisconsin DUI Drugged Driving Charges

Driving under the influence of prescription drugs in nothing new in the State of Wisconsin. People take medications for practically anything these days, high blood pressure, depression, anxiety, pain relief, etc. However, getting pulled over and charged with a Wisconsin DUI Charge for Drugged Driving is becoming more and more common. Like always, police officers are out in force looking for drunken drivers. But now, due to increase Federal Funding, police officers are expanding their Wisconsin DUI Detection Tasks to include impairment by prescription medications.

Difference Between Prescription Medications & Illegal Drugs

Wisconsin DUI Prescription Medications – Obviously, prescription medications are drugs that have be legally prescribed for you by a doctor. Some medications have warnings on the bottle not to drive/operate heavy machinery while taking the medication. Regardless of this warning you may still be charged with Wisconsin DUI for Drugged Driving You are allowed to have prescription medications in your body, however, you are not allowed to exceed the medication/drugs therapeutic range. According to Wisconsin DUI Law, if you exceed the medications therapeutic level you are considered impaired and may be charged with a Wisconsin DUI.

Wisconsin DUI Illegal Drugs – Illegal drugs are exactly that, illegal. The very presence of them within your body is enough to charge you with a Drugged Driving DUI Charge.  This presents a very difficult argument against illegal drugs that stay in your system for long after their actual impairment wears off. The most common is THC from Cannibis or Marijuana. Tetrahydrocannabinol or THC stays in your body for a long time. Are you still impaired by it a few days after smoking it? No. But you can still be charged with a Wisconsin Drugged Driving anyway.

Wisconsin DUI Medication Therapeutic Levels

The therapeutic level of a drug is a given range of the drug deemed safe to have in your body. If you exceed this “range” you will outside of the therapeutic affect of the drug and will be deemed impaired by the drug. For example, if you have a medication in your system and the therapeutic range is 100-250 ng/ml, if you have 251 ng/ml in your system, you are deemed impaired by the medication and subject to a Drugged Driving Charge. However, it should be noted that I have seen cases charged as Wisconsin DUI Drugged Driving where the blood tests came back with all drugs being well within the therapeutic range.

To the Prosecutor charging a DUI for Drugged Driving there is no such thing as a Medication, everything is a drug, everything is impairment. In a Drugged Driving case there is no consideration for tolerance or physical and biological reasons for increased dosage. What if you have been taking the same medication for anxiety for 15 years? Answer: Doesn’t matter, your impaired… This is the reality of what the State of Wisconsin is heading towards.

What is a Wisconsin Drug Recognition Evaluation?

A Drug Recognition Evaluation is an hour long process used by DRE trained police officers to determine what class or classification of drug you may be impaired by. The evaluation is a 12-Step Process which includes, among other things, examining your eyes, performance on physical agility tests, urine analysis, and a medical examination. For a more thorough explanation of what a Drug Recognition Evaluation click above.

Fighting Wisconsin Drugged Driving Charges

Fighting your Wisconsin Drugged Driving charge is vital. The DRE process is new to the State of Wisconsin. It is very important that the Wisconsin DRE Process is administered correctly. Reviewing the DRE officer’s administration and results is absolutely vital and can make or break the Wisconsin Drugged Driving Charge Against You!

Hiring A DRE Certified Wisconsin DUI Defense Attorney

Attorney Nathan Dineen is a Certified Drug Recognition Expert. He has been recognized as a Top Rated Drunk Driving Defense Attorney. The process of fighting your Wisconsin Drugged Driving Charge is a difficult road. You need the best by your side, protecting your rights along the way. Attorney Nathan Dineen is available 24/7 and offers a Free Initial Consultation. Call 1-877-384-6800.

Nathan J. Dineen