(608) 308-9645When people think of a DUI charge they think of drinking and driving. When they think of a drugged driving charge, they usually think of illegal drugs and driving – but what about prescription drugs?
In Wisconsin, it is illegal to operate a motor vehicle while under the influence of alcohol, or with any amount of illegal drugs in your system, or while impaired by prescription drugs.
The Wisconsin statute (363.63(a)) specifies the following as prohibited conduct: Driving under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, a controlled substance and a controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving.
Drugs that often come up are Ambien, muscle relaxants, pain killers, and stimulants. You can receive an DUI for taking drugs that it is legal for you to take! (You can also get a DUI for using alcohol that it is legal for you to consume.)
The testers used by the state often report their results in terms of “therapeutic levels.” This has nothing to do with impairment or the lack thereof.
See this Monograph by the Utah Department of Hygiene explaining why the won’t do testing for the quantity of a drug, just the presence or absence of the drug.
Warning – Use at your own risk.
The laws in every state are different, and the laws in Wisconsin are constantly changing. While the information on this page is current as of July, 2012 in Wisconsin, it may not be accurate at a later date or in a different state.
This page is not intended to be legal advice or substitute for legal advice. It is intended to provide general information. Legal advice can only be given with a full understanding of the actual facts of a case, generally in a face-to-face consultation. Note that there are exceptions to many of the statements made here. No one should act or refrain from acting in court based on anything stated in this web page. My office does not give legal advice to non-clients over the phone or internet. Further, the law and procedures in drunk driving cases are changing rapidly. This page reflects law in place in Wisconsin, on July 31, 2012.