Marijuana OWI’s in Wisconsin

Recent Trend of Widespread Decriminalization of Marijuana in the United States

The November 2020 United States presidential election led to four more states voting for legalization of recreational marijuana use. Despite some Wisconsin cities such as Madison taking steps to decriminalize marijuana, the state of Wisconsin still remains as one of the 15 states that has yet to outlaw marijuana use both recreationally and medicinally. Under Wisconsin law, possession of marijuana is a misdemeanor and any subsequent offenses are considered felonies.

Despite numerous states’ recent legislation decriminalizing marijuana use, driving under the influence of marijuana remains illegal in all 50 states. Just like an alcohol OWI, having a prohibited amount of marijuana in your system while you are operating behind the wheel will result in an OWI charge.

How Much Marijuana Is Allowed in Your System While Operating Behind the Wheel, According to Wisconsin Law?

The answer is none. Unlike an alcohol OWI where it is legal for a certain amount of the substance to exist in your blood, (anything under .08 BAC is legal when operating a vehicle), Wisconsin has a zero-tolerance stance on marijuana. Wis. Stat. § 346.63 Wisconsin law specifically states that any “detectable amount” of marijuana found as a result of blood or urine tests will result in an OWI charge.

How Can I Fight My OWI Charge?

Any OWI charge can be effectively challenged with the help of an experienced attorney. The lawyers at Welch & Schmeiser Criminal Defense Group hold the necessary expertise to argue against the legality of your traffic stop, the accuracy of your breath and blood tests as well as the accuracy of your field sobriety test. Our experienced legal counsel takes a unique science-based approach when defending OWI cases. This approach is made possible with our training in the science of OWI evidence collection. Our expertise has routinely leveraged our clients’ OWI cases, often meaning the difference between harsh consequences and no charges at all. Contact us: (608)-729-4756 or fill out our contact form.