In a significant February 2025 decision, the Wisconsin Court of Appeals ruled that any detectable amount of methamphetamine in a driver’s blood – whether from prescription, illegal, or over-the-counter sources – can lead to criminal charges. This ruling has important implications for Wisconsin drivers, particularly those who use certain over-the-counter medications.
Understanding the Court’s Decision
The case, State v. Johnson, addressed whether law enforcement must distinguish between different forms of methamphetamine when prosecuting driving under the influence cases. Specifically, the court examined whether L-methamphetamine (commonly found in some over-the-counter nasal decongestants) should be treated differently from D-methamphetamine (the form typically associated with illegal drug use).
The court’s answer was clear: All forms of methamphetamine qualify as restricted controlled substances under Wisconsin law.
What This Means for Wisconsin Drivers
This ruling has several important implications:
- Using over-the-counter medications containing methamphetamine is not a defense to DUI charges
- Prosecutors don’t need to prove which form of methamphetamine was in a driver’s system
- Only drivers with valid prescriptions for methamphetamine-containing medications have a potential defense
Key Takeaways for Medication Users
If you use over-the-counter medications containing any form of methamphetamine, such as certain nasal decongestants:
– Be aware that driving with these substances in your system could result in criminal charges
– Having purchased the medication legally doesn’t protect you from prosecution
– Consider alternative medications that don’t contain methamphetamine derivatives
Legal Implications and Defense Strategies
This ruling significantly impacts DUI defense strategies in Wisconsin. Previously, some defendants argued that over-the-counter medication use should be treated differently from illegal drug use. The Court of Appeals has now firmly closed this potential defense avenue.
Protect Your Rights
If you’re facing charges related to driving with methamphetamine in your system, whether from prescription, over-the-counter, or other sources, it’s crucial to understand your legal options. The complexity of these cases requires experienced legal representation to protect your rights.
Contact DK Anderson, S.C. for Expert Legal Assistance
Our experienced Wisconsin DUI defense attorneys understand the nuances of drug-related driving cases and can help you navigate this complex legal landscape. Contact us today for a confidential consultation to discuss your case.