A charge for driving under the influence of drugs can feel confusing, intimidating, and deeply personal. You may not have even known you were impaired — or that your prescription medication could lead to criminal charges. Yet across Wisconsin, people are arrested every day for operating while under the influence of legal or illegal substances.
At Bayer Law Offices, we help people in Milwaukee and throughout Wisconsin fight back against drugged driving charges, including cases involving prescription medications, marijuana, and other controlled substances. If you’ve been charged, you need to understand your rights, the legal process, and how to protect yourself from the serious penalties a conviction can bring. We’re here to help you move forward — starting today.
Under Wisconsin law, it is illegal to operate a motor vehicle while under the influence of any substance that impairs your ability to drive. This includes:
Prescription drugs (such as Ambien, Xanax, oxycodone)
Over-the-counter medications (such as antihistamines or sleep aids)
Marijuana and THC products (even if legally purchased in another state)
Illegal drugs (such as cocaine, heroin, methamphetamine)
Drugged driving is often charged under the same statutes as Operating While Intoxicated (OWI), but instead of alcohol, the impairment comes from drugs or a combination of drugs and alcohol. In Wisconsin, you can be arrested for driving under the influence of drugs even if you have a valid prescription — or even if you don’t feel impaired.
Many people assume an OWI only applies to alcohol. But Wisconsin law treats drugged driving very seriously, and the penalties are just as severe. This offense is sometimes called:
Operating with a Restricted Controlled Substance (RCS)
Drugged OWI
Driving under the influence of drugs (DUID)
Unlike alcohol OWI cases, where a .08% BAC is used as a clear benchmark, drug-related charges can be more subjective. That means police and prosecutors may rely on field sobriety tests, blood analysis, and officer observations to try to prove impairment.
We defend clients charged with operating under the influence of a wide range of substances, including:
Marijuana/THC – Even trace amounts of THC in your system can lead to an OWI, especially in zero-tolerance cases.
Prescription drugs – Medications like opioids, benzodiazepines, stimulants, and sleep aids can lead to arrest if they affect your ability to drive safely.
Illicit drugs – Cocaine, heroin, methamphetamine, and similar substances often result in immediate arrest and felony-level consequences.
Combination of substances – Even mixing legal medications with a small amount of alcohol can result in serious charges.
One of the most frustrating parts of a drugged driving charge is being arrested after taking a legally prescribed or purchased substance. Wisconsin law does not always distinguish between illegal use and legal use when it comes to impairment. If the prosecutor believes the substance — even a prescription drug — affected your ability to safely operate a vehicle, they may pursue OWI charges.
This means that:
Taking medication as directed can still lead to arrest
Using marijuana legally in another state does not protect you from Wisconsin OWI laws
Therapeutic levels in your blood may not help your defense if there is other evidence of impairment
At Bayer Law Offices, we approach every case with a commitment to thorough investigation, honest communication, and strategic defense. Our goal is to minimize the impact of the charge on your life — or eliminate it altogether.
Some of the ways we fight drugged driving charges include:
Challenging the stop: If police didn’t have a valid reason to pull you over, the evidence they collected may not be admissible.
Reviewing test procedures: Blood samples must be collected, stored, and analyzed correctly. Any deviation from protocol could weaken the prosecution’s case.
Disputing impairment: Even if a substance was in your system, we can argue that it didn’t affect your ability to drive.
Highlighting legal use: If you had a valid prescription and were not abusing the drug, that can be a key part of your defense.
Negotiating alternatives: When appropriate, we can work to reduce charges or penalties through agreements with the prosecution.
Penalties for a drugged OWI conviction in Wisconsin can include fines, license revocation, mandatory assessments, and even jail time — especially for repeat offenses or cases involving injuries. But a charge is not a conviction. With the right defense strategy, many people are able to avoid the most serious consequences. We handle cases across Milwaukee, Waukesha, Ozaukee, Racine, Kenosha, and surrounding counties, and we’re familiar with how different local courts approach these charges.
If you’ve been accused of driving under the influence of drugs in Wisconsin, don’t wait to take action. The earlier you involve an attorney, the more likely you are to avoid costly mistakes — and the better your chances of protecting your record and your future. Call Bayer Law Offices or fill out our contact form to schedule a free, confidential consultation. We’ll listen to your story, explain your options, and start building the strong, personalized defense you deserve.
A charge for driving under the influence of drugs can feel confusing, intimidating, and deeply personal. You may not have even known you were impaired — or that your prescription medication could lead to criminal charges. Yet across Wisconsin, people are arrested every day for operating while under the influence of legal or illegal substances.
At Bayer Law Offices, we help people in Milwaukee and throughout Wisconsin fight back against drugged driving charges, including cases involving prescription medications, marijuana, and other controlled substances. If you’ve been charged, you need to understand your rights, the legal process, and how to protect yourself from the serious penalties a conviction can bring. We’re here to help you move forward — starting today.
Under Wisconsin law, it is illegal to operate a motor vehicle while under the influence of any substance that impairs your ability to drive. This includes:
Prescription drugs (such as Ambien, Xanax, oxycodone)
Over-the-counter medications (such as antihistamines or sleep aids)
Marijuana and THC products (even if legally purchased in another state)
Illegal drugs (such as cocaine, heroin, methamphetamine)
Drugged driving is often charged under the same statutes as Operating While Intoxicated (OWI), but instead of alcohol, the impairment comes from drugs or a combination of drugs and alcohol. In Wisconsin, you can be arrested for driving under the influence of drugs even if you have a valid prescription — or even if you don’t feel impaired.
Many people assume an OWI only applies to alcohol. But Wisconsin law treats drugged driving very seriously, and the penalties are just as severe. This offense is sometimes called:
Operating with a Restricted Controlled Substance (RCS)
Drugged OWI
Driving under the influence of drugs (DUID)
Unlike alcohol OWI cases, where a .08% BAC is used as a clear benchmark, drug-related charges can be more subjective. That means police and prosecutors may rely on field sobriety tests, blood analysis, and officer observations to try to prove impairment.
We defend clients charged with operating under the influence of a wide range of substances, including:
Marijuana/THC – Even trace amounts of THC in your system can lead to an OWI, especially in zero-tolerance cases.
Prescription drugs – Medications like opioids, benzodiazepines, stimulants, and sleep aids can lead to arrest if they affect your ability to drive safely.
Illicit drugs – Cocaine, heroin, methamphetamine, and similar substances often result in immediate arrest and felony-level consequences.
Combination of substances – Even mixing legal medications with a small amount of alcohol can result in serious charges.
One of the most frustrating parts of a drugged driving charge is being arrested after taking a legally prescribed or purchased substance. Wisconsin law does not always distinguish between illegal use and legal use when it comes to impairment. If the prosecutor believes the substance — even a prescription drug — affected your ability to safely operate a vehicle, they may pursue OWI charges.
This means that:
Taking medication as directed can still lead to arrest
Using marijuana legally in another state does not protect you from Wisconsin OWI laws
Therapeutic levels in your blood may not help your defense if there is other evidence of impairment
At Bayer Law Offices, we approach every case with a commitment to thorough investigation, honest communication, and strategic defense. Our goal is to minimize the impact of the charge on your life — or eliminate it altogether.
Some of the ways we fight drugged driving charges include:
Challenging the stop: If police didn’t have a valid reason to pull you over, the evidence they collected may not be admissible.
Reviewing test procedures: Blood samples must be collected, stored, and analyzed correctly. Any deviation from protocol could weaken the prosecution’s case.
Disputing impairment: Even if a substance was in your system, we can argue that it didn’t affect your ability to drive.
Highlighting legal use: If you had a valid prescription and were not abusing the drug, that can be a key part of your defense.
Negotiating alternatives: When appropriate, we can work to reduce charges or penalties through agreements with the prosecution.
Penalties for a drugged OWI conviction in Wisconsin can include fines, license revocation, mandatory assessments, and even jail time — especially for repeat offenses or cases involving injuries. But a charge is not a conviction. With the right defense strategy, many people are able to avoid the most serious consequences. We handle cases across Milwaukee, Waukesha, Ozaukee, Racine, Kenosha, and surrounding counties, and we’re familiar with how different local courts approach these charges.
If you’ve been accused of driving under the influence of drugs in Wisconsin, don’t wait to take action. The earlier you involve an attorney, the more likely you are to avoid costly mistakes — and the better your chances of protecting your record and your future. Call Bayer Law Offices or fill out our contact form to schedule a free, confidential consultation. We’ll listen to your story, explain your options, and start building the strong, personalized defense you deserve.
"I was stopped for 20 over in a 30mph zone - a 6 point $149ticket. Attorney John Bayer had an affordable price and guaranteed that he could get it reduced to a 2 point defective speedometer ticket. All it took was a 5 minute phone call conversation to finalize things. He was able to attend court for me and he was able to get my ticket reduced to a 2 point parking violation. John is very friendly and made this process as easy as possible. I am beyond grateful for the outcome and I will be recommending him to everyone I know in the future."
"I was facing a fair amount of time as a guest of the state at the graybar hotel. Atty Bayer fought the good fight for me. He found a potential loophole in the law that he felt could get the charge against me dropped. The judge did not interpret the law the way Atty Bayer did, so unfortunately I lost the case. But because of the fight Atty Bayer put up, combined with other contributing factors of my case, I only got 1 year as a guest of the state. Not bad for a 6th offense, in Milwaukee county. I swear by Atty Bayer. He is a great attorney, & a really compassionate & kind man."
"Honestly one of he easiest interactions I’ve ever had with a lawyer. They stepped up handled my speeding tickets and anxiety about it no problem. Everything was handled in one call, they updated me through the whole process. Make them your first call for any kind of traffic trouble."
When confronted with an OWI charge or criminal charges, the situation can feel daunting and overwhelming. We are here to help you shape your path to a better outcome.