7th owi questions

[cbg]

'm afraid if I just let the lawyer do things his way my husband is going to go to prison for the next 3 years over a half a joint.

And if the lawyer does things your way and your husband still goes to jail? How will you feel then?

 

[not2cleverRed]

To recap:
1) Your husband should listen to his lawyer.
2) If your husband is dissatisfied with his current lawyer, he should retain a different lawyer.
3) What matters is the LEGAL definition of owi, regardless of whether that legal definition is different from your definition.
4) Changing the law to reflect your definition is a separate issue.

 

[quincy]

And if the lawyer does things your way and your husband still goes to jail? How will you feel then?

I think if the defense of “I smoke marijuana every day” is attempted, the jail time in sentencing is apt to be longer not shorter.

 

[Mass_Shyster]

From what I found (on one Wisconsin lawyer's website) it appears that in Wisconsin, no person may drive with “a detectable amount of a restricted controlled substance in his or her blood.” So regardless of the level of impairment, if there is a detectable amount if THC in the blood, a conviction seems likely.

 

[quincy]

From what I found (on one Wisconsin lawyer's website) it appears that in Wisconsin, no person may drive with “a detectable amount of a restricted controlled substance in his or her blood.” So regardless of the level of impairment, if there is a detectable amount if THC in the blood, a conviction seems likely.

That was noted on the Norml site I linked to, too.

The attorney will be (or should be) investigating the reason for the stop, investigating the search of the vehicle, questioning any test that was done that determined impairment, and the attorney should be telling his client to say NOTHING about his past and present drug use/abuse to anyone (including his wife).

And the wife should not be telling anyone about her husband’s alcohol and/or drug uses. The more she talks, the more likely she is to say something that supports the prosecutor’s case against her husband.