It is known that drinking and driving in Wisconsin will lead to a DUI, but some people think they can bypass a DUI by getting high. It is becoming more common for Wisconsin law enforcement to charge a driver with Driving Under the Influence of Drugs. Many people know that marijuana has a distinct odor, which leads to probable cause. Marijuana is also illegal. People have turned to “fake pot", which has similar side effects, but is not necessarily illegal.
Synthetic marijuana was legal in Wisconsin until the summer of 2011. The drug is made of legal herbs, sprayed with synthetic THC. It was sold over the counter as an “herbal incense" or “smoking herbal", commonly known as K2, Spice, Chunky Monkey, Genie, Black Mamba and many other terms. These drugs are smoked, with effects noticed within minutes and can last up to 4 hours. Because this drug simulates the effects of marijuana, Wisconsin officers will charge a driver with a DUI for use of this substance. If a driver has this drug in his/her possession, he/she will face $1,000.00 fine and up to 6 months in jail for a first offense. Second and subsequent offenses are considered felonies, which include $10,000.00 fine and up to 3½ years imprisonment.
Operating a vehicle under the influence of a hallucinogen is very dangerous, yet the “fake pot" known as Salvia divinorum (a.k.a. Salvia or Magic Mint), remains legal in Wisconsin. This drug is sold as incense and is not recommended for human consumption. The effects of this drug usually only last for 10-15 minutes, but will leave a person with dilated pupils and decreased heart rate for another hour. This drug is known to produce hallucinations, dysphoria, and loss of body movement. A Wisconsin officer will cite a driver smoking this drug with a DUI.
Although these drugs will not produce a positive result for a drug test, the compounds of the drug can still be detected in a person’s blood. You will need the knowledge of an experienced DUI defense attorney. If you have been pulled over and charged with a Wisconsin Drug-related DUI, contact Attorney Nathan J. Dineen of Vanden Heuvel & Dineen, S.C. at 1-800-805-1976 or complete a Free Case Review online.