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I'm facing a OWI in Wisconsin for having THC in my system and it's my first offense... is it worth getting a defense lawyer?

Appleton, WI |

I was on my way home from work, got pulled over for having a light out. Cop said he smelled marijuana so I was honest with him and told him I had a tiny bit in my car along with a pipe. He made me do a sobriety test and I was mad because I was neither high nor drunk at the time. The only reason I did bad at the whole balancing test was because I was wearing very heavy steel toe boots for work. I was pulled over only a block away from my house yet he arrested me and hauled me to a hospital for a blood test. I was fined for possession even though it was only a bowl at best also for paraphernalia and had to pay $250 just to get my car back! I was perfectly fine to drive and was only a block away. I have court in December and this is my first offense

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Attorney answers 4


It is against the law to drive a car on a public roadway with "any detectable amount of a restricted controlled substance" in your system. This means that if the blood test reveals that there was any amount of THC, you are technically in violation of the law. However, if you had not smoked any marijuana that day, you may not have any THC left in your system. You should hire a lawyer because you do not want to be convicted of this, even if it is a first offense. If it were to happen again within then years, you could go to jail for up to six months. A lawyer may be able to discover defenses to the charge that are not apparent to you as a layperson.

This answer is for informational purposes only. By answering this question, no attorney/client relationship is created. Although the legal information is accurate, it may not be appropriate for your situation. The best way to handle any legal problem is to seek the advice of an attorney.

J Steven House

J Steven House


Just to clarify, the "any detectable amount" standard only applies to delta-9-THC, not any of the other cannabinoids that are tested for and reported by the state labs.


there is also a good possibility that you will be criminally charged for the THC, so you should at least talk to an attorney.

In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship. You should seek counsel in your geographic area regarding any specific questions.


Yes, you should have a lawyer.


It certainly is. Review my colleagues' answers.

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