Marijuana DUI Attorney

WEBVTT 00:00:07.183 --> 00:00:11.343 Marijuana cases are becoming extremely common 00:00:11.458 --> 00:00:14.600 in the OWI world here in Wisconsin. 00:00:14.700 --> 00:00:18.892 We're one of the states, one of the only states, frankly, 00:00:18.975 --> 00:00:23.142 where an individual doesn't have to actually be under the influence 00:00:23.200 --> 00:00:26.550 of marijuana in order to be prosecuted for it. 00:00:26.950 --> 00:00:31.317 An individual just has to have what's considered to be a measurable amount 00:00:31.920 --> 00:00:36.558 of the Delta-9 metabolite that's in marijuana in their blood. 00:00:37.150 --> 00:00:40.517 What's interesting is that the legislature in Wisconsin 00:00:40.542 --> 00:00:45.008 has essentially given the laboratories free-range to determine 00:00:45.033 --> 00:00:47.658 what that level of detection is. 00:00:48.417 --> 00:00:52.850 The level of detection is 1.0 nanograms per milliliter. 00:00:53.160 --> 00:00:54.308 To put it in perspective, 00:00:54.309 --> 00:00:57.942 it's less than a billionth of a grain of sand. 00:00:58.760 --> 00:01:03.492 Moreover, there is not a single scientific, peer-reviewed study 00:01:03.742 --> 00:01:07.358 in the country that would lend one to believe 00:01:07.367 --> 00:01:09.925 that an individual could be impaired 00:01:10.200 --> 00:01:13.925 or under the influence of marijuana to the effect that it would 00:01:16.033 --> 00:01:20.475 cause a problem with their driving or render them unsafe to drive. 00:01:20.800 --> 00:01:22.283 However, in Wisconsin, 00:01:22.284 --> 00:01:25.600 if it's in your blood, you can be prosecuted for it. 00:01:26.008 --> 00:01:28.280 We're really seeing an upswing, 00:01:28.310 --> 00:01:32.742 despite a country where a lot of other states 00:01:32.817 --> 00:01:35.750 are putting in different types of laws 00:01:35.882 --> 00:01:39.667 as marijuana becomes more legal across the country. 00:01:39.775 --> 00:01:42.992 They're putting in higher levels of detection, 00:01:43.092 --> 00:01:47.433 meaning different higher levels and limits like 5 nanograms per milliliter 00:01:47.434 --> 00:01:48.800 in certain states, 00:01:49.158 --> 00:01:54.108 levels that would be more in line with the level that someone's getting to 00:01:54.142 --> 00:01:55.550 to become impaired. 00:01:55.600 --> 00:01:57.867 Wisconsin just doesn't care about that. 00:01:58.592 --> 00:02:02.469 What's really scary is that there's no difference 00:02:02.483 --> 00:02:07.042 in the way that these cases are prosecuted from a penalty standpoint. 00:02:07.475 --> 00:02:12.383 The offense of operating with a restricted controlled substance of marijuana 00:02:12.400 --> 00:02:16.605 or frankly, any drug, the penalty exposure is identical 00:02:16.983 --> 00:02:19.183 to someone who's been prosecuted 00:02:19.200 --> 00:02:22.567 for operating with a prohibited alcohol concentration, 00:02:22.617 --> 00:02:26.917 even if that alcohol concentration is a really high number. 00:02:28.108 --> 00:02:34.225 It's extremely important that if you have been arrested for and are being charged 00:02:34.300 --> 00:02:37.967 with any type of offense, be it a first offense, second offense, 00:02:37.968 --> 00:02:41.192 third offense, or higher for drugs 00:02:41.217 --> 00:02:43.008 where they're alleging controlled substance 00:02:43.033 --> 00:02:44.892 or restricted controlled substance, 00:02:44.933 --> 00:02:49.292 that you have a lawyer that really understands the mechanics 00:02:49.407 --> 00:02:54.200 of scientific defenses that might exist within the framework of your case.