• DUI – Prescription Drugs

  When 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.

   

   

  See also:

  OWI / DUI / DWI / Drunk Driving Wisconsin - How this office approaches OWI / DUI / DWI / Drunk Driving cases. The need for an assessment and / or treatment along with competent legal assistance is discussed.

  OWI / DUI / DWI / Drunk Driving Treatment Court - an option that must be considered in Dane County for some third-offense cases

  OWI / DUI / DWI / Drunk Driving Court in Madison, Dane County, Wisconsin - procedure

  DUI / OWI / Drunk Driving Training of Attorney Charles Kenyon in Madison, Dane County, Wisconsin - some of the advanced training in drunk driving defense take by Attorney Charles Kenyon

  OWI / DUI / DWI / Drunk Driving Field Sobriety Tests in Wisconsin - A look at what "field sobriety tests" are - and are not - in Wisconsin.

  OWI / DUI / DWI / Drunk Driving / DWI / Drunk Driving while Parked in Wisconsin

  OWI / DUI / DWI / Drunk Driving (Drunk Driving) Wisconsin Ten Day Warning - Why a defendant needs to take action before the court process even gets going.

  OWI / DUI / DWI / Drunk Driving Math in Wisconsin - What Counts as a prior offense?

  Wisconsin Judicial Sentencing Guidelines for OWI / DUI / DWI / Drunk Driving cases by County. Each judicial district has different guidelines.

   

  Charles Kyle Kenyon - When Experience Matters Zoom Court Appearance Information Attorney at Law   Since 1979 Former (Elected) District Attorney Former Assistant State Public Defender Extensive jury trial experience in cases ranging from traffic to sexual assault / homicide Thousands of criminal cases since 1979 Appeals in Wisconsin Court of Appeals and Supreme Court J.D. University of Wisconsin Law School 1978 - winner of Abe Sigman prizeCovid19PlanForReopening2022-03.pdf B.A. University of Wisconsin - Madison - Psychology - 1975 Trainer / presenter / panelist for American Bar Association, National College of District Attorneys, Wisconsin Department of Justice, Wisconsin Public Defender Certified to administer roadside Field Sobriety Tests in Wisconsin Graduate Vehicular Homicide / DWI Program, Northwestern University Center for Public Safety Past-President: Marinette County Bar Association, Door-Kewaunee Bar Association Life Member: National Association of Criminal Defense Lawyers (NACDL) Member: Wisconsin Association of Criminal Defense Lawyers (WACDL) Member: National College for DUI Defense Member: DUI Defense Lawyers Association Member: State Bar of Wisconsin, Dane County Bar Association Admitted to practice: State of Wisconsin, Federal - Eastern District of Wisconsin, Western District of Wisconsin, 7th Circuit Court of Appeals   On FaceBook Drunk Driving Lawyer

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  This page last revised: 11 Feb 2025 22:57:30 -0500 .  

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