Skip to main content
Criminal Defense Lawyer Madison WI

Fight Marijuana OWI In Wisconsin | Madison DUI Attorneys

Similarities And Differences Between Alcohol And Marijuana OWI In Wisconsin

Did you know that you can get pulled over and arrested for operating a motor vehicle while under the influence of marijuana in Wisconsin? Operating While Intoxicated (OWI) applies to alcohol as well as prescription drugs and marijuana. But how intoxication is determined and how the OWI is handled differs between alcohol and marijuana OWIs.

Similarities Between Alcohol And Marijuana OWIs

Marijuana and alcohol OWIs are very similar in the pre-arrest stage. In both situations, an officer must have probable cause to pull you over. During the traffic stop, the officer must identify facts or evidence that demonstrate that the driver may be driving while intoxicated.

Identifiers used to determine alcohol intoxication include:

  • Red, glassy, bloodshot eyes
  • An odor of liquor coming from the driver or the vehicle
  • Slurred speech

Identifiers used to determine marijuana intoxication include:

  • Dilated pupils
  • Lack of coordination
  • Green tongue

In some cases, officers may perform alcohol sobriety tests when testing for marijuana impairment. These tests may include:

  • Horizontal and vertical gaze nystagmus test
  • Walk and turn test
  • One leg stand test
  • Breath test
  • Finger to nose test

If test results indicate intoxication (of either alcohol or a drug), an arrest is made.

Differences Between Alcohol And Marijuana OWIs

Once an arrest has been made, things change. There is an acceptable limit of alcohol under which a person may drive (you must be impaired by alcohol to be convicted) but there is zero tolerance for driving while under the influence of marijuana in Wisconsin. If there is even a trace amount of

Delta-9-Tetrahydrocannabinol metabolites in your blood, you can be charged with marijuana OWI in Wisconsin, even if you are not impaired

It Is Possible To Fight Marijuana OWI In Wisconsin

Even though possession and use of marijuana is illegal in Wisconsin, it is still possible to fight a marijuana OWI charge using similar tactics as those used to fight an alcohol OWI. For example, your defense attorney may challenge the field sobriety test results, the reason for the traffic stop, or the lab results.

If you are facing a marijuana OWI in Wisconsin, contact the DUI attorneys at Eisenberg Law Offices in Madison, WI. We can help you fight marijuana charges and retain your driver’s license while the case proceeds.

Call 608-256-8356 or email to schedule your free case consultation.