Skip to main content
criminal defense attorney Madison WI

Marijuana-Related DUI In Wisconsin Defense Options

Driving While Under The Influence Of Marijuana May Lead To A DUI

In Wisconsin As states have approved marijuana for recreational use, the courts have seen an increase in marijuana cases – particularly in states like Wisconsin where marijuana has not been approved for recreational use. In Wisconsin, marijuana use is still against the law and the penalties for driving while under the influence of marijuana are high. In fact, driving while under the influence of marijuana can lead to a DUI in Wisconsin.

Wisconsin Is A Zero-Tolerance State

Wisconsin has a zero-tolerance policy when it comes to controlled substances, including marijuana. Unlike alcohol, for which the state has established a legal limit, if a driver is caught with any detectable amount of a restricted substance, like marijuana, in their system he/she will be charged with driving under the influence by the state.

The only exception to this rule is if you have a valid prescription for delta-nine THC. Delta-nine THC is a metabolite found in marijuana that is known to cause impairment. When a driver is suspected of marijuana use, their blood is tested for this substance. However, because the state does not require proof of impairment and has the zero-tolerance policy, even trace amounts of marijuana that may have been ingested days prior can lead to a DUI. That means that even unimpaired drivers who used marijuana in recent days can face the same penalties as drivers who exceed the legal alcohol limit.

A Prescription Can Improve Your Defense

If you have a prescription for medical marijuana, your attorney may be able to offer it as a defense, but having a valid prescription for delta-nine THC is only a defense to the charge of drugged driving. It does not mean you won’t face other charges, such as Operating While Under the Influence of a Restricted Controlled Substance. There are also considerations to using the prescription as a defense. For example, it’s only valid if:

  1. The prescription was written before the date of your arrest, and
  2. You must be using the medication as prescribed.

Fight A Marijuana-Related DUI In Wisconsin

The prescription defense is just one defense option available to Wisconsin drivers facing a marijuana-related DUI. To explore all of your defense options, contact a DUI attorney at Madison’s Eisenberg Law Offices for a free case evaluation at 608-256-8356 or