If you operate a motor vehicle on a Wisconsin highway with any "detectable amount of a restricted controlled substance" in your blood, you can be charged with drugged-driving. Under Wisconsin law, a restricted controlled substance includes drugs such as cocaine, methamphetamine, heroin and marijuana. You do not have to be driving under the influence of a restricted controlled substance in order to be charged with drugged-driving. Any amount of THC or other restricted controlled substance found in the bloodstream of even a sober driver will subject the person to potential criminal charges and the loss of driving privileges.
If a person submits to chemical testing and the results show the presence of a restricted controlled substance, your driving privilege will be administratively suspended for a period of 6 months. A conviction for a first time offense drugged-driving offense will result in a 6 to 9 month revocation of your driver's license. A second offense within 10 years results in a 12 to 18 month revocation period.
SANCTIONS FOLLOWING A CONVICTION
A conviction for a first time drugged-driving offense results in no jail and a fine of up to $300.00. A second conviction within 10 years results in a mandatory 5 days in jail and up to a maximum imprisonment of 6 months. A third conviction within 10 years requires a mandatory minimum of 30 days jail with a maximum sentence of 1 year in jail.
After marijuana is ingested into your bloodstream, it breaks down rapidly. The lab report will need to be examined by a Wisconsin criminal defense attorney for the types of molecules found present in the blood sample. If the lab report shows only Carboxy THC, you will have a defense to the charge as this molecule it is not considered an "active ingredient" of marijuana.
You may be able to attack the weight given to the evidence by the jury at trial by presenting a chain-of-custody defense. In this defense, the prosecution will need to establish the places where the restricted controlled substance was stored and the people who handled the drug from the time of its collection to the time it is introduced into evidence at trial. Blood samples are not tested in Wisconsin until a case is scheduled for trial. The samples are stored in laboratories where many persons who are employed at the labs could have had access to the sample. Without a proper chain-of-custody, the evidence may not be admissible at trial. If the judge rules the sample admissible, a skilled Wisconsin criminal defense attorney can still attack the weight given to the evidence by making a chain-of-custody argument to the jury.
Attorney Robert J. Shane has been practicing criminal defense for over 28 years and has worked hard to establish a winning record. Mr. Shane is licensed to practice criminal defense in the State of Wisconsin. Call him now for a free phone consultation at (612) 339-1024 to protect your freedom and driving privileges or visit his website for more information on Wisconsin drugged-driving defense at www.criminallawyerminnesota.com.