Legal Question in DUI Law in Wisconsin

Officer's Order Not to Drive for Drinking Driver Below Legal Limit, OWI, Drugged Driving

Officers always have the discretion to charge anyone with OWI whom they believe to be impaired, even below the legal limit for alcohol. Additionally, the "limits" are only presumptive levels where other evidence of impairment is not needed--the limits in no way rule out charging someone below the limits where is other evidence of impairment. If a person foolishly fails to cooperate and accept an officer's gracious offer not to charge them (if they agree to stay home and not drive), the officer's next move would no doubt be to charge the person and take them for a blood test for controled substances. "Drugged driving" can be proven via little more than any detectable level of drugs in the person's blood. These drugs can include many common prescription medications such as minor pain killers, muscle relaxers and psychoactive prescriptions; in addition to any trace of THC or other street drugs.