Legal Question in DUI Law in Wisconsin

Dui

I had a blood test done cocaine n/detected but 150ng/mg benzolecgonine detected how do u put a time

Fame on this i was arrested at home at crime scene


Asked on 4/12/09, 10:33 am

1 Answer from Attorneys

JAY Nixon nixon law offices

OWI Drugged Driving Under Influence of Cocaine and Other Drugs

In order to prove intoxicated driving, the government must prove that the substance was in your blood at the time you drove, not after you arrived home. Although the prosecution can benefit from certain permitted inferences if alcohol is detected within three hours of your driving, you lawyer would have a good argument that such inferences should not be allowed if you were arrested off the road at home. In that event, the defense that you may have ingested the substances after leaving the car is something which the government may need to address in order to convict you. Your attorney may also be able to move to suppress the test results in such a scenario, unless the government had probable cause to believe that you drove while intoxicated rather than being intoxicated in the privacy of your home. My comments here are not legal advice, nor do they create any attorney client relationship between us. In any events, I do not know nearly enough about your specific case to advise you.

Read more
Answered on 4/13/09, 9:23 pm


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in Wisconsin