Legal Question in DUI Law in Wisconsin

Can I be convicted for canabis metabolites in my blood test?

In Sept. 2002, I was arrested during a traffic stop. Blood test showed a low BAC, and the following substances:

Delta-9-THC 7.9 ng/mL

11-hydroxy-THC 2.8 ng/mL

carboxy-THC 42 ng/mL

Can I be convicted, and what are my defence options?

Be advised that these charges were made before Wi. zero tollerance law was in effect.


Asked on 3/14/05, 4:08 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Re: Can I be convicted for canabis metabolites in my blood test?

I assume that you are being charged with operating under the influence of an intoxicant or other drug. To convict you, the state must prove that you have a "controlled substance, a controlled substance analog or any combination of an intoxicant, a controlled substance and a controlled substance analog . . . which render [you]...incapable of safely driving,..... The uniform controlled substances act defines "Controlled substance analog" as "a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance included in schedule I or II and.... [has an intoxicating effect]. The presence of the metabolite is probably pretty strong evidence that you were once under the influence of its parent controlled substance, but this is a question upon which I would defer to a professional chemist. I don't doubt that the state could produce a chemist who would provide a "yes" answer to that question. However, a privately retained chemist may well disagree. You should ask your attorney these questions. Good luck!

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Answered on 3/15/05, 6:12 pm


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