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Restricted Controlled Substance v Prescribed Medication under Wisconsin OWI Law
Are the elements for Operating with a Restricted Controlled Substance the same as the elements for Operating Under the Influence of a Controlled Substance? No. A conviction for Operating with a Restricted Controlled Substance requires that the judge or jury make a finding that the prescription medication that appeared in your blood analysis impaired your ability to safely operate a motor vehicle. The question is whether the prescription medication made you less able to exercise the clear judgment and steady hand necessary to safely operate a motor vehicle.
On the other hand, the absence of impairment is not relevant if your blood analysis shows a trace amount of Delta 9 THC, Cocaine, Heroin or other Restricted Controlled Substance.
A conviction for either of these offenses results in the same range of penalties.
Contact Attorney Michael Hayes, 414-405-5678.
