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Law Firm

Drug Possession

If you find yourself accused of a drug-related offense, we are here to safeguard your rights and pursue a favorable outcome. Committed to delivering justice, we offer a meticulously crafted legal defense tailored to individuals accused of drug possession. Trust us to advocate on your behalf and strive for the best possible outcome in your case.

Possession of Marijuana

A first offense of marijuana possession typically include penalities of a fine of up to $1,000 and a maximum jail sentence of up to 6 months. However, Wisconsin law allows for alternatives to jail time for first-time offenders, such as probation or participation in a drug education program.

Subsequent convictions can result in harsher penalties, including felony charges, higher fines, and longer jail sentences.

Penalties for marijuana possession can vary depending on the amount of marijuana involved and whether it's a first offense or subsequent offense.

Possession of Marijuana


For a first offense of cocaine possession in Wisconsin, it is classified as a misdemeanor, with potential penalties including up to 1 year in jail, fines reaching $5,000, and loss of driving privileges for up to 5 years. Subsequent charges for cocaine possession are considered felonies, carrying penalties of up to 3.5 years in jail and a $10,000 fine.

Any detectable amount of cocaine, even a small residue in a container, constitutes possession under Wisconsin law. There's no mandatory minimum sentence for possession.

Possession with intent to distribute cocaine carries more severe penalties. Possession of less than 1 gram with intent to distribute can result in a maximum sentence of 10 years in prison and a $25,000 fine. Possession of 1 to 5 grams with intent to distribute can lead to a sentence of 12.5 years in prison and the same fine.

While Wisconsin statutes don't distinguish between crack cocaine and powder cocaine, crack cocaine may be considered more "aggravated" due to its perceived higher addiction potential.

Drug Possession

Possession with Intent to Distrubute

Drug Paraphinilla

Drug Manufacture

Drug Trafficking


What is a Field Sobreity Test?

Participation in field sobriety tests in Wisconsin is voluntary. Drivers have the right to refuse to perform these tests without facing immediate legal penalties, however, refusal may result in other consequences such as arrest or suspension of driving privileges.

  1. Horizontal Gaze Nystagmus (HGN): The officer will observe the driver's eyes as they track a moving object horizontally. Involuntary jerking of the eyes may become more pronounced when a person is impaired by alcohol or drugs.

  2. Walk-and-Turn (WAT): The driver is asked to take a series of steps along a straight line, heel-to-toe, and then turn and return in the opposite direction. The officer looks for indicators of impairment, such as the inability to maintain balance or follow instructions.

  3. One-Leg Stand (OLS): The driver is instructed to stand on one leg while raising the other leg off the ground and counting aloud for a specified period. The officer observes for signs of swaying, hopping, or other indicators of impairment.

If a driver is arrested for DUI or OWI based on the results of field sobriety tests or other evidence, they may be asked to submit to chemical testing (breath, blood, or urine) to determine their blood alcohol concentration (BAC). Wisconsin's implied consent law requires drivers lawfully arrested for DUI or OWI to submit to chemical testing. Refusal may result in administrative penalties such as license suspension.

Car Lights

OWI First:

In Wisconsin, a 1st OWI is not a criminal offense, however, there are still serious consequences that must be taken seriously. Fines will range from $150-$350, plus a mandatory $435 OWI surcharge. Your driver's license is also in jeopardy of suspension up to 9 months. An Ignition Interlock Device, costing over $1000, also may be required to be installed in your vehicle.

An OWI is not just a Traffic Ticket, it is considered a Civil Offense. An OWI conviction will appear on background checks and can not be removed off of the public record. Getting one OWI could cause consequences with your job, and driver’s license, and cost thousands of dollars. 

OWI Second:

If a 2nd OWI occurs within 10 years of the 1st offense, you will be facing Criminal Charges with severe penalties. Fines range from $350-$1100, plus the $435 OWI Surcharge. Offenders will face 5 days to 6 months in jail with a driver's license revocation of 12-18 months. An Ignition Interlock Device will be required for 12-18 months, limiting your Blood Alcohol Level to be 0.02 at all times. An Alcohol Assessment, costing about $250, may be ordered to determine if substance abuse treatment is necessary. 

Penalties may be influenced by factors such as prior criminal history, the presence of aggravating factors (e.g., high BAC level, accident involvement), and the discretion of the judge presiding over the case. 

OWI Third:

Unlike prior OWI convictions, the rule that your last offense had to occur within ten years no longer applies. A 3rd OWI conviction includes any prior OWI convictions no matter how long ago they occurred.

Fines will range from $600 to $2000, plus the $435 OWI Surcharge, with the possibility of Court Fees. Offenders will face 45 days up to 1 year in jail. Upon conviction, your driver's license will be revoked for a minimum of 2 to 3 years with 1 to 3 years with an Ignition Interlock Device. If you obtain an Occupational License, absolute sobriety must be maintained. A 3rd OWI will also institute a Legal BAC of .02 for the rest of your life.

Additional factors, such as having a minor in the car, an excessive BAC, or causing injury to another person, may increase the penalties and fines than what is stated above, including Felony Charges.

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