Description
In Wisconsin, you can be prosecuted for operating under the influence of a controlled substance like THC if any measurable amount is detected in a blood test. You don't have to demonstrate signs of impairment to be charged—you may even have consumed the substance on another day or in another state. It's incredibly important to work with an attorney with a strong understanding of blood testing if you're facing this type of situation.
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Another classification
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of operating under the influence charges
that can be brought
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are those for operating
under the influence
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of a restricted controlled substance.
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Interestingly enough,
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these particular offenses
don't even have to have
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this under-the-influence component.
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They're per se cases.
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That means that if an individual,
if their blood is eventually taken,
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which is typically
what happens in such situations,
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and a restricted controlled substance
is found in their blood,
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that person can be prosecuted
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for operating with a restricted
controlled substance in their blood,
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and it carries
the same type of penalty range
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as a regular operating
under the influence.
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A very common example of this
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is operating
under the influence of marijuana, THC.
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The legislature in Wisconsin
has a rule that essentially states
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that if an individual
has any measurable amount
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of that delta 9 metabolite of THC,
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a prosecutor can charge that individual
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with a restricted controlled substance
of delta 9 in their system.
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Impairment is irrelevant.
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A person does not have
to be under the influence.
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We're seeing a lot of situations
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where people are coming from Illinois
where it's legal to consume marijuana,
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and they're being stopped
in the border counties,
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and officers inquire,
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"Did you have marijuana
when you were in Illinois?"
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The response is often,
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"Yes, but it's legal there.
And I smoked it last night,"
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or, "I took an edible last night."
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Well, unfortunately, in Wisconsin,
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the case law says that
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if an officer has reason to believe
that there was the consumption, ingestion,
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or inhalation of marijuana
within the previous 24 hours,
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an officer
can automatically arrest someone
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and require them to get a blood test.
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It's extremely important
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that if you find yourself
in a situation like that,
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you contact us
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or an attorney who really understands
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the science behind the metabolization
of marijuana in the blood
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so that they know
how to fight their cases.
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Because even though it is a low number,
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the laboratories in Wisconsin
aren't doing perfect science
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when it comes
to this type of testing methodology.
