Can You Get an OWI for Driving While High?

OWI stands for operating a motor vehicle while intoxicated. Intoxication does not just refer to alcohol intoxication. It can also refer to intoxication by a drug or other controlled substance. Therefore, if a driver operates their motor vehicle while high on drugs, they could be facing an arrest and a likely conviction for OWI. Moreover, no legal limit exists for driving while high. Therefore, a driver could be subject to arrest and conviction if any amount of illegal drug (such as THC) is found in their bloodstream.

In addition to sustaining serious penalties upon conviction for an OWI offense, a driver could incur civil liability in the event they cause an accident and injure or kill someone.

If you are facing a criminal charge for OWI, it is important that you seek skilled legal representation in your case as quickly as possible. Your lawyer can investigate the circumstances of your arrest, safeguard your legal rights, and represent you at all court proceedings. Your attorney can then help you obtain the best result possible in your case.

OWI Legal Standard

It is illegal for a person to drive with a detectible amount of a restricted controlled substance in their blood. If a person has a prescription for medical marijuana, methamphetamine, or GHB, there may be an affirmative defense to an OWI. If prescription medication is found in a person’s blood sample and the person does not have a prescription for the medication, the person could be guilty of an OWI. If the person has a prescription for the medication and it is outside of the theraputic amount, the person may be guilty of an OWI.

Potential Criminal Penalties for an OWI

OWI convictions typically come with serious penalties. For example, a judge might sentence a Wisconsin OWI offender to jail time, monetary fines, probation, or community service. A judge may also require that the offender attend a drug or alcohol treatment and rehabilitation program. Finally, if the OWI involved alcohol intoxication, a judge might require the driver to install an ignition interlock device on their vehicle and maintain the device at their own expense.

In addition to these potential legal consequences, an OWI offender might lose their job and have trouble finding a different job. Moreover, given the prevalence of criminal background checks by landlords and educational institutions, an offender may have a hard time finding a place to live or attend school at a college or university following their conviction.

Call Us Today to Schedule a Free Consultation

If you are currently facing a criminal OWI charge, our legal team will do everything we possibly can to minimize the potential legal and collateral consequences to you. To schedule a free case evaluation and legal consultation with an experienced OWI criminal defense lawyer, please call Cohen Law Offices today at (715) 514-5051 or contact us online for more information