Can one be charged with DUI in WI if SFST breathalyzer was above legal limit but bloodtest result is below but THC was detected?

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Recently was pulled over and my SFST breathalyzer reading was 0.12. If my blood test results come back below legal limit (0.08 BAC) but THC is detected in blood test can one still receive DUI strictly on THC in blood regardless of BAC? Based on WI "per se law"? Is it correct that if blood test comes back above 0.08 BAC there is NO possible way of avoiding DUI charge?

Attorney Answers

3
Stephen Shechtel ·
Short answer: yes. DUI/DWI means under the influence of any mind altering substance, including drugs. Most people do not realize that even prescription drugs by your Doctor can land you in DUI/DWI trouble. You need to retain an attorney, and fast. The .08 is enough to land you in DUI trouble, its the link to THC that may have pushed you into DWI land that you should be worried about. Remember, you were (probably) still observed by the police driving erratically. Your (The) Judge is going to hear that you were under the influence of two drugs: alcohol and pot. That is not going to be pretty. Hey... have you hired that attorney yet? Why not? Got the picture?
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Karyn T. MissimerDUI / DWI AttorneyJanesville, WI ·
Yes, the first answer is correct: You may be charged with OWI for having any detectable amount of a controlled substance in your system. For THC, that means any amount of Delta-9. Depends on how long ago you smoked as to whether there will be any Delta-9. Of course, there are ways to beat a DUI charge. No one here on could tell you whether yours is beatable, however, without being the attorney hired to represent you and doing the investigation. Good luck!
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Nick Passe ·
Get an attorney. The marijuana would be adequate for an OWI charge wihthout any alcohol involved at all. The evil in driving under the influence of an intoxicant is that it puts people and their property at unjustifiable risk of injury and that risk is not specific to alcohol.
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