Legal Question in DUI Law in Wisconsin

Driving Under the Influence of Drugs--Lidocain

As a general matter, drunken driving type charges can be supported just as well by the presence of a controlled substance in the bloodstream as by the present of alcohol. I am not sure of the exact status of lidocain, but it might qualify as a controlled substance, making your BAC (blood alcohol content) less relevant. I do not have a sufficient chemistry background to advise on whether lidocain could cause a false positive test for alcohol--you would really need to pose that question to a toxicologist. I have never heard a toxicologist say that anything causes false positives other than alternate forms of alcohol (for example, methanol) other than the ethanol which is in beverages, and a few other volatile organic compounds (i.e., hydrocarbons). These can include chemicals found in some paints or solvents. Most of these, however, are deadly poisons, so you might have far greater problems than any arrest if they were present in your blood in sufficient quantities to cause a false positive test result. A more likely source of a blood testing error could be a mix-up in blood samples, poorly trained chemists testing the samples, or malfunctioning equipment at the hospital. You really need to consult with an experienced criminal lawyer as soon as possible.