Marijuana DUI Attorney2022-07-14T17:37:16+00:00

Marijuana DUI Attorney

Your CRIMINAL DEFENSE LAWYER representing CLIENTS AGAINST Marijuana DUIs

As recently as 2016, the state of Illinois decriminalized the possession of marijuana under 10 grams. As of 2016, individuals who are found in possession of less than 10 grams of marijuana will no longer be arrested and prosecuted. Now, if you are searched and found to be in possession of less than 10 grams of marijuana, a municipal ordinance violation is issued and is punishable by civil penalty only.

As a result of this “decriminalization” of marijuana, I have seen a marked increase in marijuana and cannabis related DUI charges. These changes have affected DUI laws in Illinois, which have led to many questions surrounding the law related to driving under the influence of marijuana. Do the same DUI laws apply to marijuana like they do to alcohol? Does it matter if the driver was legally using marijuana at the time? Let’s take a look at some of these questions below.

Marijuana DUI FAQs

What do the police need to charge me with a marijuana DUI?2022-07-13T19:47:31+00:00

Similar to an alcohol-based DUI, the strongest evidence in a DUI case is a blood or saliva test. It should be emphasized that these tests are voluntary and you should not take them. 

An officer may also make observations of impairment in the driver. DUI charges may be based on evidence of impairment such as poor performance on the standardized field sobriety test (SFST), slurred speech, bloodshot eyes, delayed response or committing traffic violations.

Does it matter if the driver was legally using marijuana at the time?2022-07-13T19:29:26+00:00

No. In Illinois, driving under the influence of marijuana is a crime. Regardless of whether you have a medical prescription or were using marijuana legally, you can still be charged and convicted of driving under the influence of marijuana.

What is the limit before I am in danger of a marijuana DUI?2022-07-13T19:28:10+00:00

Similar to driving a vehicle while having a BAC of .08% or more, in marijuana based DUIs the prosecutor would present blood test results establishing the driver was over the legal limit. In marijuana based DUIs, the court must determine whether the driver has a certain level (greater than 5 nanograms of THC (marijuana’s psychoactive chemical)) in his blood or 10 or more nanograms of THC in a driver’s saliva while driving. Any amount below 5 nanograms of blood does not create a violation of the law. If that concentration is met, no matter how well the driving, the driver has violated the law and has committed a marijuana-based DUI.

What are the penalties for a marijuana DUI?2022-07-13T19:25:46+00:00

Penalties for marijuana-related DUI offenses similar to alcohol related DUI offenses.

The penalties for a first-time DUI offense are:

  • Up to 365 days in the county jail
  • License suspension up to a year
  • Court costs, fees and fines up to $2500.00
  • Substance abuse treatment programs
  • Drug testing

For second-time DUI offenses (applies within 20 years of 1st DUI):

  • Up to 365 days in the county jail
  • Minimum five-years suspended license
  • Mandatory minimum of 5 days to be served
  • 240 hours of community service
  • Court costs, fees and fines up to $2500.00
  • Substance abuse treatment programs
  • Drug testing

For third-time DUI offenses

  • 3 to 7 years served in the Illinois Department of Corrections
  • Mandatory 18-30 months in jail
  • Court costs, fees and fines up to $25,000.00
  • Minimum 10-year licenses suspension

A Knowledgeable Marijuana DUI Lawyer

The testing surrounding DUIs is voluntary and need to be administered precisely to be valid in court. An experienced marijuana DUI attorney, like Purav Bhatt, can help you reduce or avoid high fines, potential criminal charges, or even the loss of your license.

If you’ve been charged with a marijuana DUI, call (773) 791-9682 for legal representation.

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