Because hemp-derived products like delta-8 or delta-9 gummies and vape pens are sold openly in Wisconsin, you might assume they are safe to use before driving. To answer the question above, yes: a legal purchase can still lead to an Operating While Intoxicated (OWI) citation if you get behind the wheel.
In Wisconsin, you can face an OWI even if you never touched alcohol. The law focuses on whether a substance impairs your driving or if you have a restricted controlled substance in your system.
How the detectable amount rule works
Wisconsin uses a “zero tolerance” standard for restricted controlled substances in a driver’s blood. Under state law, it is illegal to drive with a detectable amount of delta-9 THC. Currently, the state defines this threshold as 1.0 nanogram per milliliter (ng/mL) or higher. This remains true even if you show no outward signs of being high or impaired during a traffic stop.
While initial screenings may show a presumptive positive for THC, sophisticated state laboratory tests can often distinguish between delta-8 and restricted delta-9 THC. However, many delta-8 products contain trace amounts of delta-9 that can still trigger a violation. For other substances, the state must prove the drug made you incapable of safely driving.
Risks to your license and education
Many people use these products to relax, but the consequences of an arrest are serious. Students at local universities may face campus disciplinary hearings in addition to their court dates. You should consider the following facts about these cases:
- Refusal of a chemical test results in a mandatory one-year license revocation.
- Officers may use field sobriety tests to claim you were impaired by a legal substance.
- A first-offense OWI typically results in a driver license revocation for six to nine months.
If a blood test shows a restricted substance, the state will issue a Notice of Intent to Suspend your license. You have 10 business days to request a hearing if the notice is handed to you, or 13 business days if it is mailed. Time served under this suspension is credited toward a final court-ordered revocation.
While a first-offense OWI is typically a civil forfeiture in Wisconsin, it remains on your driving record. Wisconsin uses a 10-year lookback for second offenses. However, a lifetime lookback applies to third or subsequent offenses when determining penalties.
How to move forward after a traffic stop
Navigating the aftermath of an arrest involving drug-related charges requires a clear understanding of state law. An experienced attorney can help you review the evidence and explain your rights.
