OWI For Driving Under The Influence Of Marijuana In WI

 

OWI Charges Can Result From Driving Under The Influence Of Marijuana In WI

Most drivers associate OWIs with driving under the influence of alcohol, but in Wisconsin, you can also receive an OWI for driving under the influence of marijuana.

Marijuana Laws Are Strict in Wisconsin

Recreational use of marijuana is illegal at the state level in Wisconsin, which you can tell based on the severity of the state’s marijuana laws. Although some cities in Wisconsin have made it legal to possess as much as 25 grams of marijuana, it is still illegal at the state level and it is still illegal to operate a motor vehicle under the influence of marijuana. A first possession charge is a misdemeanor; subsequent charges become felonies; and it is possible to be charged with an OWI for driving under the influence of marijuana if you are found to have even one nanogram of marijuana in your system.

One nanogram is literally microscopic. If you sliced a grain of rice into 25,000,000 parts, a single nanogram would be just one of those parts. When compared against states like California where the legal tolerance level is about 5 nanograms, it is clear that Wisconsin has a strict policy against marijuana usage while driving.

OWIs for Alcohol vs. OWIs for Marijuana

There is more leniency for driving under the influence of alcohol than there is for driving under the influence of marijuana in Wisconsin. In Wisconsin, you can receive an OWI for alcohol when your BAC is at or above .08 percent. However, you can receive an OWI for driving under the influence of marijuana if blood or urine samples show any evidence of the drug in your system. Since blood and urine samples are routinely tested for any restricted substance, including the active chemical in marijuana delta-9-tetrahydrocannabinol, a positive result can occur even  if you were not suspected of being under the influence of marijuana at the time of your arrest.

Delta-9-tetrahydrocannabinol is specifically listed  in Wisconsin state law alongside methamphetamine and gamma-hydroxybutyric as being restricted unless the driver has a valid prescription for use.

Remember, marijuana can stay in your system for several days, especially if you are a chronic  or habitual user. It is possible to receive an OWI for marijuana even if you did not use it that day.

Our OWI Attorneys Can Help You Fight Marijuana Charges

The OWI and DUI attorneys at Eisenberg Law Offices can help you build a defense to OWI charges whether they are for alcohol or marijuana. Not only are these charges traffic violations, they could also lead to drug charges, both of which carry fines and penalties and could result in the loss of your driver’s license and/or jail time.  Protect your driving record and ability to drive with help from our skilled OWI defense lawyers. Contact us to arrange a free consultation by calling 608-256-8356 or emailing info@eisenberglaw.org today.

This post was originally published at https://www.eisenberglaw.org/owi-for-driving-under-the-influence-of-marijuana-in-wi/