As marijuana laws continue to evolve nationwide, the landscape of DUI charges—especially for underage drivers—is shifting rapidly. In Wisconsin, while recreational marijuana remains illegal, the presence of THC in a driver’s system can still lead to serious criminal charges, particularly for those under 21. At The Law Offices of Jason D. Baltz, we understand that young drivers today face legal risks that go beyond alcohol, and we’re here to help you or your child navigate these complex challenges with clarity and compassion.
What Is an Underage DUI in Wisconsin?
Under Wisconsin’s “Absolute Sobriety” law, individuals under 21 years of age cannot have any detectable amount of alcohol in their system while operating a motor vehicle. This zero-tolerance stance also extends to marijuana. Even if a driver is not impaired at the time of the stop, the mere presence of THC metabolites in the blood or urine—whether from recent or past cannabis use—can be grounds for an OWI (Operating While Intoxicated) charge.
Marijuana Use and Driving: A Growing Legal Concern
Unlike alcohol, where impairment is measured by blood alcohol concentration (BAC), marijuana doesn’t have a universally accepted standard for impairment. Yet Wisconsin law does not distinguish between impairment and presence. If THC is found in your system and you are underage, you could face charges similar to a drunk driving offense—regardless of whether you used cannabis days ago and are not feeling any effects at the time of the stop.
This creates a troubling scenario for many young drivers who may have used cannabis recreationally or medicinally in states where it’s legal, only to face legal consequences at home in Wisconsin.
The Penalties for an Underage Cannabis DUI
A first offense may be considered a misdemeanor but can still result in:
Driver’s license suspension
Fines and court fees
Mandatory substance abuse education or treatment
Criminal record implications
Repeat offenses or situations involving injury, property damage, or minors in the vehicle can escalate charges quickly into felonies.
Building a Defense: How The Law Offices of Jason D. Baltz Can Help
Attorney Jason D. Baltz understands the science—and the flaws—in THC testing. He carefully examines the circumstances of your arrest, from the legality of the traffic stop to the reliability of drug testing methods. Because of the unique challenges involved in cannabis-related DUI cases, having an experienced Milwaukee-area defense lawyer is critical—especially when the defendant is a young adult with their whole future ahead of them.
We also believe in education and second chances. Many underage DUI defendants aren’t hardened criminals—they’re young people who made a mistake or were unfairly targeted. At The Law Offices of Jason D. Baltz, we take a personalized, judgment-free approach to every case, always fighting for the best possible outcome.
Talk to a Milwaukee Underage DUI Lawyer Today
Don’t let one mistake define your future. If you or your child has been charged with an underage DUI involving marijuana or any other substance, contact The Law Offices of Jason D. Baltz today at (414) 375-0797. We’ll help you understand your rights, build a strategic defense, and protect what matters most.