In Minnesota, Pennsylvania, Wisconsin, Rhode Island, Utah, Illinois, Iowa, Indiana, Georgia, Arizona, Michigan, and Delaware, the zero tolerance law is followed. This means that an individual will be charged with DWI even with the slightest trace of any specified prohibited drug in the driver’s system.
As part of the Controlled Substances Act in Minnesota state law, controlled substances are categorized into schedules. It is considered a crime to drive a vehicle when an individual’s body contains any amount of a controlled substance that falls under Schedule I, Schedule II, or a metabolite of any of the identified substances. Common examples of Schedule I and II drugs include ecstasy, opium, and cocaine. Driving under the influence of prescription drugs also carry the same penalties as doing so under the influence of alcohol or illicit drugs.
While the law considers it a crime to have certain prescription drugs in the system, a provision in Minnesota law offers a DWI defense that an individual may able to prove to a judge or jury that the drug intake was according to a prescription or the doctor’s orders. In such scenario, the DWI charges may possibly be dismissed. Of course, this means that the burden of proof has shifted from the prosecution to the defendant, and why the help of an experienced DWI defense lawyer is very important.