Marijuana DUI Attorney


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.

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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.

Andrew Mishlove and Lauren Stuckert

Mishlove and Stuckert, LLC Attorneys at Law

Mishlove & Stuckert, LLC Attorneys at Law has been rated the #1 OWI/DUI law firm in the state by Wisconsin Law Journal Reader Rankings. Our OWI/DUI specialists have been highly rated by organizations including: 

  • Avvo™
  • Super Lawyers
  • Martindale-Hubbell 
  • Better Business Bureau 

To speak with one of our board-certified OWI/DUI defense specialists, request a consultation online or call us at (414) 332-3499.

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"Mr. Mishlove was worth every penny and then some. I would consider him the Michelangelo of the DUI defense world.
He is professional, dedicated, and pours his heart into his job. I would give him 10 stars if I could."
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