Legal Question in DUI Law in Wisconsin

If you are in jail (only for 48 hrs for dui) can they legally refuse to give you your prescription medications?


Asked on 1/15/12, 11:35 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Yes, once jails in WI admit any defendant, they take over primary responsibility for reasonable and necessary medical care, at least in larger jails, who often have their own medical staff on site. In my experience, the rule seems to be that they cut off all prescription medications initially and wait to see how the person responds, on the theory that they may be over-medicated. This may be due to the fact that many patients have substance abuse problems when they enter and are initially intoxicated on more than one substance, sometimes including prescription drugs, in addition to alcohol. Jails therefore often seem to enforce a "detox" (�cold turkey�) period, at least initially, unless they get contacted by a patient's physician stressing a dire need to immediately resume any prescription. Even when they get such requests, however, they often ignore them, perhaps based upon a theory that prescription narcotics or other mood altering drugs may be contributing to the problem more than they are solving it. Unfortunately, I have inhumane situations result on occasion, with post-surgical clients, who were indisputably in terrible pain, denied pain killers which they truly needed. I have even heard of situations where diabetics were denied insulin or heart patients denied blood pressure medications. Death rates among jail populations often greatly exceed death rates among the outside population, sometimes perhaps due to such denials of medical care. The moral of the story? If you truly need prescription drugs, do not ever allow yourself which could result in your being arrested, since you are apt to lose all control over your medical care while in custody. If you are having such a problem, you should definitely contact your lawyer, who can, if necessary, schedule a hearing in front of a judge and subpoena a jail administrator to at least explain the situation. Such a subpoena often results in reinstatement of the prescription medications. Attorney responses on this public website are intended only for public educational purposes rather than as legal advice for your specific situation. Responses to your questions therefore do not create an attorney client relationship between us and should not be relied upon for making any important decisions until they have been reconsidered by your private attorney. You are; however, welcome to contact my office in Racine to discuss any additional questions which you may have or to seek private advice intended for you alone. Answers on this website may also contain attorney advertising materials.

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Answered on 1/18/12, 12:40 pm


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