If you’ve been charged with driving under the influence of marijuana in Wisconsin, you are facing serious penalties, such as revocation of your driver’s license, substantial fines, and possibly a jail sentence!
Some states, such as Colorado, have set a legal limit of 5 ng. per ml. of delta 9 THC (the active ingredient in marijuana) in the blood, for the purposes of their DUI-OWI law. Wisconsin law, however, is much more strict. Wisconsin prohibits driving with a “detectable” amount of delta-9 THC in your system, even if you are not impaired. To many attorneys, that makes these cases seem impossible to win. But not to us.
At Mishlove and Stuckert, we are experienced in fighting and winning DUI-OWI drug cases, including DUI-OWI marijuana cases. We are one of the very few law firms in America that has successfully challenged laboratory test results in DUI-OWI Marijuana cases. Even though the laboratory says that they have detected marijuana, it may not be true!
Mishlove & Stuckert is a preeminent law firm in the field of forensic science and trial advocacy. We have the knowledge of science when it comes to defending you against charges of driving under the influence of marijuana.
Attorney Andrew Mishlove is renowned for his work as the Course Director of the America’s most prestigious legal training in alcohol and drug analysis: The NCDD Advanced Course on Blood-Alcohol Analysis and Trial Advocacy, and the NCDD Advanced Course on Blood Drug Analysis and Trial Advocacy. He teaches lawyers all over America about the art and science of defending DUI-OWI drug cases.
Attorney Lauren Stuckert has an unmatched record of success in challenging DUI-OWI cases, especially those involving marijuana. Moreover, Mishlove and Stuckert is the only law firm in Wisconsin to have more than one attorney to complete the most thorough analytic chemistry training available for lawyers.
Our know-how in the laboratory and in the courtroom is preeminent. We put it to work in every case.
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State v. Ryan (last name withheld): This was a difficult and complex case tried by Lauren Stuckert. Ms. Stuckert successfully challenged the method by which blood is tested for the presence of THC, the active ingredient in marijuana. Even though the laboratory claimed to have found delta-9 THC in Ryan’s blood, we successfully challenged that conclusion. The jury returned a verdict of NOT GUILTY. Ryan appeared to be on his way to prison. Instead, he went home.
State of Wisconsin v. Jason (last name withheld): Jason was stopped by a Milwaukee officer for driving with a broken headlight. The officer arresting him for Operating while intoxicated. Jason submitted to a blood test. The test came back positive for delta-9 THC. At a jury trial, Attorney Lauren Stuckert attacked the Wisconsin State Lab of Hygiene’s testing methods used to detect THC in Jason’s blood. The jury returned a verdict of NOT GUILTY, and Jason left the courtroom a free man.
Village of (withheld) v. Wayne (last name withheld): Wayne was arrested by the police of this small Wisconsin village (whose name we have withheld to protect Wayne’s identity) for driving under the influence of marijuana, possession of marijuana and possession of drug paraphernalia. Driving under the influence of marijuana carries the same penalties as OWI-alcohol, so it is a serious offense. We have the knowledge and training, however, to contest the laboratory analyses of a marijuana in a person’s blood and Attorney Mishlove took that route. The laboratory claimed that the blood contained a “detectable” amount of THC. We checked the lab results ourselves, however, and it was not at all clear that there was any THC in the blood. After a great deal of research and discussion, the prosecutor agreed to drop the paraphernalia charge and reduce the DUI-drug charge to one of reckless driving. Wayne kept his driver’s license.
State of Wisconsin v. David (last name withheld): David was prescribed this medication Ambien by his doctor. One of its side-effects is somnambulism; that is, doing things unconsciously but appearing to be awake, such as sleepwalking or sleep driving. David was sleep driving and hit a tree. This criminal case was reduced, to a non-criminal, non-OWI traffic offense of reckless driving.
1. Prohibits driving while under the influence of an intoxicant to the extent that the driver is incapable of driving safely.
2. The law prohibits driving with any non-prescribed controlled substance in the driver’s blood stream regardless of whether or not the driver appears physically impaired.
The penalties listed below are enhanced if there is a passenger under 16 years of age or if your offense happens in a construction area.
4th Offense within 5 years of previous offense is a Class H Felony. The fine will be a minimum of $600 and jail time will be a minimum of 6 months.
Class H Felony
Class G Felony
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