Marijuana DUI in Wisconsin
Specialists Who Can Fight the THC Test
- Presence Isn't Proof of Impairment
- We Challenge the THC Blood Test
- Not-Guilty Verdicts in THC Cases
- Free Consultations 24/7/365
Lauren Stuckert
list reviews
Why Hire Mishlove and Stuckert If You Face Marijuana DUI Charges in Wisconsin
We Attack the THC Test at Its Source
Lauren Stuckert is the first Wisconsin attorney certified by the American Chemical Society in Forensic Chromatography. She attacks the State Lab of Hygiene's THC-detection methods at the chemistry level, where marijuana DUI cases are actually won.
Presence in Blood Isn't Impairment
Wisconsin convicts on any detectable delta-9 THC, as little as 1 ng/mL, with no proof of impairment required. Regular users test positive for days. We expose the gap between a lingering metabolite and real impairment.
Not-Guilty Verdicts in THC Trials
When the State's lab reported detectable THC, we still won. Lauren Stuckert has tried marijuana OWI cases to juries in Door and Milwaukee Counties, including a sixth offense, and returned not-guilty verdicts by challenging the test itself.
Wisconsin Doesn't Require Proof of Impairment For a Marijuana OWI Conviction
There are no peer-reviewed scientific studies that support the claim that low levels of delta-9 THC result in impairment, and the state of Wisconsin does not require prosecutors to prove impairment in marijuana OWI cases. We nearly always find legitimate reasons to challenge lab work that registers low amounts of delta-9 THC.
Zero Tolerance
in Wisconsin
When it comes to driving, Wisconsin has a zero-tolerance policy against marijuana use. If you are stopped by the police with a detectable amount of THC (the psychoactive ingredient in marijuana) in your system, you may find yourself facing an OWI charge. Defense attorneys across the state may view marijuana OWI cases as impossible to win, but not the team at Mishlove and Stuckert, Attorneys at Law.
States such as Colorado and Washington have set a legal limit of 5 nanograms per milliliter of THC for the purposes of their DUI laws. These states also have decriminalized the recreational use of marijuana, so such laws are necessary to ensure residents of these states are not wrongfully charged.
Here, the marijuana laws are far more stringent and you need a trusted DUI defense attorney in Wisconsin. The team at Mishlove and Stuckert, Attorneys at Law have the necessary tools to defend your rights if you face a DUI due to testing positive for marijuana.
Wisconsin's Zero-Tolerance Policy on Cannabis
Unlike many of our neighboring states, Wisconsin still has a zero-tolerance policy on cannabis. If you are pulled over and subjected to a blood test, any detectable amount of Delta-9 THC can result in an impaired driving charge. The chemistry behind these tests is complex, and labs are known to make mistakes—let the lawyers at Mishlove and Stuckert use our science-based approach to bring errors into question.
Meet Wisconsin's Only
Board-Certified DUI Law Specialists
Lauren Stuckert
Lauren Stuckert became the first Wisconsin lawyer to receive a certificate in Forensic Chromatography Blood Alcohol Analysis from the American Chemical Society at Axion Laboratories in Chicago in 2011. In 2013, she undertook the Forensic Solid Drug Analysis course through the American Chemical Society to better understand analytic chemistry. She became a board-certified DUI specialist in 2016.
Ms. Stuckert has successfully challenged the validity of marijuana DUI-related lab test results in cases across the state of Wisconsin. With the increasingly technical nature of marijuana OWI cases, attorney Lauren Stuckert has the education and skillset to defend the rights of her clients.
Andrew Mishlove
Rated as the top DUI defender in the state by his peers, Andrew Mishlove is known throughout the country as an authority on cases of operating while intoxicated.
Mr. Mishlove has been defending clients in DUI cases since 1981. He is also the developer and course director for the Serious Science Blood Analysis courses taught at the Shimadzu Laboratory at the University of Texas-Arlington. Along with James Nesci, Andrew Mishlove published the state's only attorney's manual for operating while intoxicated defense in 2014.
How Marijuana OWI Works in Wisconsin
Wisconsin is one of the few states where you don't actually have to be under the influence of marijuana to be prosecuted for OWI—all that matters is the presence of Delta-9 metabolite in your blood. As attorney Lauren Stuckert describes, any detectable amount is enough to secure a conviction. If you've been charged with a marijuana OWI, it's in your best interest to work with a defense lawyer who has hands-on experience with blood substance testing and knows how to raise a scientific defense in court.
We Wrote the Book
on DUI Defense
At Mishlove and Stuckert, Attorneys at Law, we are experienced in fighting and winning DUI cases, including marijuana DUI. Mishlove and Stuckert, LLC Attorneys at Law is one of the very few law firms in America that has successfully challenged laboratory test results in marijuana DUI cases. Even when lab results conclude tetrahydrocannabinol is in the system of a driver facing DUI charges, our attorneys have a track record of successfully defending clients in these cases.
Our attorneys are certified by the National College for DUI Defense (NCDD), and they understand that your future is on the line. In order to protect your rights, we will do everything we can to create a strong defense for your case. We strive to maintain our technical knowledge and remain on the vanguard of marijuana DUI defense with continuing education.
If you are facing charges related to driving under the influence of marijuana, our attorneys have a detailed understanding of DUI laws which allows us to mount a successful defense against a DUI charge.
Call an Attorney If You Get Caught With THC in Your Bloodstream
If you receive a blood test result that indicates the presence of delta-9 metabolite, you need an attorney to help you review the lab work. Even low levels can result in an OWI conviction, but they often come with issues that present legitimate opportunities to challenge charges.
Zero Tolerance Versus Effect-Based Drug DUI
DUI Attorneys
Who Understand the Science Relating to These Charges
While the authorities like to believe that their lab results are iron-clad, the reality is that these processes have a number of inherent flaws. An expert lawyer will consider the margin of error present in factors such as handling the testing equipment and carrying out other technical processes. Just because a blood test gives a positive result does not necessarily mean that a DUI case cannot be fought and won.
Marijuana DUI attorney Lauren Stuckert constantly studies all applicable areas of science so that she can offer her clients the defense necessary to fight DUI charges. She knows how to read the data provided by chemical tests and lab results, and is able to identify inconsistencies that can sink the prosecutor's case against her clients. There is a reason so many other attorneys in the state and across the country turn to Mishlove and Stuckert, Attorneys at Law for assistance in DUI defense.
Hearings and trials in DUI cases are more technical and technology-focused than ever before, which is why hiring a DUI specialist as your attorney is so important. Our nationally acclaimed defense specialists are certified in DUI defense law, meaning when you turn to Mishlove and Stuckert, Attorneys at Law for help, you can rest assured that your attorney has the credentials and skills needed to defend your case.
Chronic THC Users Always Have Delta-9 in Their Systems
Regular cannabis users always have detectable amounts of delta-9 in their bloodstreams. Even if you haven't smoked marijuana in several days, it can still register on a blood test in amounts that are sufficient to bring charges.
Differences in THC Metabolites
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There is an important distinction between being drug-impaired and having an inactive metabolite present in a blood sample during a chemical test.
What Is an Unlawful Measurable Amount in Wisconsin?
Marijuana breaks down into different metabolites when consumed, including hydroxy metabolite, carboxy metabolite, and delta-9. In the state of Wisconsin, charges can be brought if as little as 1.0 nanograms per milliliter of delta-9 are measured in a blood sample. The process of measuring for such minuscule amounts of metabolites is naturally prone to error. Our lawyers can build a strong case on your behalf, even if your sample came back positive.
Field Sobriety Tests
for Marijuana
Field sobriety tests (FSTs) regarding drugged driving do not provide a high level of accuracy in determining intoxication, as they rely on the identification of perceived symptoms that may also be present in a sober individual. Bloodshot eyes are widely considered indicative of marijuana use, but they can be caused by a number of irritants, from pollen and pollution to simple dry eyes. Heel-to-toe tests rely on a level of coordination that not everyone possesses. Nervousness is a common reaction when facing a traffic stop, even for those with nothing to fear but a ticket.
The team of legal professionals at Mishlove and Stuckert, Attorneys at Law understand the flaws inherent in field sobriety tests and will fight to defend your rights if you face a DUI due to the suspected use of marijuana, alcohol, or a controlled substance. Our attorneys have invested considerable time and other resources into studying FSTs and other means of identifying intoxication, and are uniquely qualified to demonstrate the shortcomings in these tests.
Never Tell a Police Officer That You Smoked Marijuana
If you get pulled over on suspicion of any type of traffic violation, do not tell the responding officer that you have consumed marijuana. That alone can be probable cause to make an arrest and lead to an OWI charge.
Wisconsin State Law Prohibits Drugged Driving in Two Scenarios
1. State law 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 bloodstream regardless of whether the driver appears physically impaired.
The penalties listed below are increased if there is a passenger under 16 years of age or if your offense happens in a construction area.
Conviction Penalties
First Offense
Fine of $150 to $300, plus $435 OWI surcharge
License suspension: 6 to 9 months
If BAC is 0.15 or more: Ignition Interlock Device (IID) or 24/7 sobriety program required for 1 year
Second Offense
Fine of $350 to $1,100, plus $435 OWI surcharge
Jail Time: 5 days to 6 months
License suspension: 1 year to 18 months
IID or 1 year 24/7 sobriety program
Third Offense
Fine of $600 to $2,000, plus $435 OWI surcharge
Jail Time: 14 days to 1 year
License suspension: 2 years to 3 years
IID or 24/7 sobriety program for 1 to 3 years
Fourth Offense
Fine of $600 to $10,000
$435 OWI surcharge
Jail Time: 30 days in jail
to 6 years in prison
License suspension: 2 to 3 years
Ignition Interlock Device
or 24/7 sobriety program
required for 1 to 3 years
Fifth And Sixth Offense
Class G Felony
Fine of $600 to $25,000
$435 OWI surcharge
Jail Time: 6 months to 10 years
License suspension: 2 to 3 years
Ignition Interlock Device
or 24/7 sobriety program
required for 1 to 3 years
Seventh, Eighth, and Ninth Offense
Class F Felony
Fine up to $25,000
$435 OWI surcharge
Jail Time: 3 years to 12.5 years
License suspension: 2 to 3 years
Ignition Interlock Device
or 24/7 sobriety program required for 1 to 3 years
Results Matter When Facing DUI and OWI Charges
6th Offense OWI With Marijuana, Door County
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 component in marijuana. Even though the laboratory claimed to have found the delta-9 variant of 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.
2nd Offense OWI With Marijuana, Milwaukee County
State of Wisconsin v. Jason (last name withheld): Jason was stopped by a Milwaukee officer for driving with a broken headlight. The officer arrested 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.Driving under the influence of Marijuana, Possession of THC, possession of Drug Paraphernalia
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 drunk driving, so it is a serious offense. We have the knowledge and training, however, to contest the laboratory analyses of marijuana in a person’s blood and Attorney Andrew 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.
2nd Offense Driving Under The Influence Of Drugs (Ambien), Waukesha County
State of Wisconsin v. David (last name withheld): David had a valid prescription for the 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 rather than a second offense driving under the influence of drugs.
