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
5555 Odana Road, Suite
211
Madison, WI 53719-1280
Telephone (608) 308-9645
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
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This page last revised:
20 Aug 2023 19:52:49 -0400
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Charles
Kyle Kenyon, Madison, Wisconsin, all rights reserved.