me and my buddy were heading out of town so he had some pot with him.as he decides to smoke a joint down the busiest highway i was caught doing 12 over and pulled over immediately. the car was pouring smoke out. the state patrol officer smelled it and he asks where the pot it is and i didnt know. the cop says were you smoking and all i said was i did 5 hours earlier and he says your under arrest for owi. i was no where near being high. i know its against the law. he did not read me my rights until the time i left the . so my buddy gets arrested for possession and paraphernalia. he goes to the jail.. i go to the hospital. he did not read me my rights until the time i left the hospital. no mugshot no thumbprint just a blood test that he said will take 9 months. theres more i cant fit.
-no soberiety tests - not brought to jail - tests dont take 9 months? -marijuana is not measurable like alcohol in the body the blood test simply tells if i did it. which i did prior but i was not (intoxicated). only recorded data was after he read me my rights ten minutes before i left. Main question if he took the blood test before reading my rights.. the blood content should not be valid. Just what the hell is gonna happen to me.
The delay is related to to a backlog in processing blood tests for drugs.
A first offense is not a crime in WI, so your Miranda rights, which aren't triggered by arrest, but custodial questioning, do not apply. You could be called as a witness against yourself at any trial.
If the test reveals any amount of active delta-9 THC in your bloodstream, you will be charged with operating with a detectable amount of a restricted controlled substance in your blood, which has absolutely nothing to do with impaired ability to drive, so not being high is not a defense. Depending upon what you admitted in what context, the officer's decision to draw blood may well be sustained by a court.
Your mistake in talking to the police about your use of an illegal drug is compounded by your post in this public forum. Stop posting details online, and schedule a confidential consult with a defense attorney. First offense penalties include the noted 6-9 month revocation, as well as a fine, and mandatory AODA assessment. You will likely also have to deal with an administrative suspension contest in addition to court proceedings.
This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.
Criminal Defense Attorney
Operating with any amount of a restricted controlled substance in your blood is illegal in Wisconsin, whether your ability to safely operate was impaired or not. You are required to be advised of certain rights prior to the administration of any chemical test. These rights are different than what are commonly known as "Miranda" rights. If in fact you were not advised of your rights regarding the chemical test, you may have an argument that the test results should be suppressed. Also, it is possible that if in fact five plus hours had elapsed since you smoked, the pot may not show up in your blood test.
If this would be your first offense for OWI or Operating with a Restricted Controlled Substance (or similar offense) it would not be a crime (no jail). And yes, it may actually take 9 months to get your blood test results.
In Wisconsin, marijuana is a restricted controlled substance. It is against the law to drive or operate a motor vehicle with any detectable amount of restricted controlled substance in one's blood. Therefore, even if you smoke five hours earlier, it is very likely that there is going to be some amount of Delta-9 THC still in your system. You are going to need a lawyer.
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.