In Illinois, driving under the influence (DUI) of cannabis is prosecuted aggressively, particularly when accidents result in injury or death. However, these cases often involve complex legal and scientific issues that demand close scrutiny. A recent sentencing in Kane County involving a fatal crash and allegations of cannabis impairment demonstrates the life-altering consequences of a DUI conviction and the critical importance of mounting a strong legal defense. When faced with charges of cannabis-related DUI, especially those involving aggravating factors, defendants must have experienced counsel to ensure that the state’s evidence is properly challenged and that their rights are fully protected.
The Kane County Incident
It is reported that in October 2022, the defendant was driving a vehicle on Route 38 in Kane County when he allegedly lost control of it. According to reports, the vehicle entered the westbound lane and collided with an SUV, which was then pushed into a ditch and caught fire. A 4-year-old child in a car seat inside the SUV later died from injuries sustained in the crash. The child’s mother reportedly suffered serious injuries and was transported to a nearby hospital.
It is further reported that the defendant’s vehicle struck a second car following the SUV. After the crash, law enforcement collected blood and urine samples from the defendant, which allegedly revealed a Delta-9 THC concentration of 6.6 nanograms per milliliter in the blood.
It is reported that the defendant subsequently entered guilty pleas to two felony charges: aggravated driving under the influence of cannabis causing death and aggravated DUI causing great bodily harm. In March 2025, he was sentenced to 12½ years in the Illinois Department of Corrections. Statements from the prosecution framed the case as a cautionary example intended to deter others from driving after cannabis use.
Understanding Illinois Cannabis DUI Law
Under Illinois law (625 ILCS 5/11-501), it is a criminal offense to operate a vehicle while under the influence of cannabis to a degree that renders the driver incapable of safely driving. However, the law is nuanced. A key challenge in cannabis DUI cases lies in determining impairment. Unlike alcohol, THC can remain in the bloodstream well after psychoactive effects have dissipated, making numerical thresholds alone an unreliable indicator of impairment.
Illinois sets a per se THC limit of 5 nanograms per milliliter of blood, but the presence of THC is not conclusive proof of impaired driving. The law allows defendants to contest impairment with evidence such as the absence of erratic driving behavior, normal field sobriety test performance, or expert testimony regarding tolerance and residual metabolite levels.
In cases where DUI charges involve death or serious injury, prosecutors may pursue aggravated DUI charges, which are felonies and carry mandatory prison terms. For a death-related conviction, sentencing can range from 3 to 14 years or longer if multiple victims are involved. However, these penalties depend heavily on the strength of the prosecution’s case and whether the defense can raise questions about causation, the accuracy of chemical testing, and the actual impact of THC on the defendant’s faculties at the time of the incident.
Furthermore, Illinois is an implied consent state. Drivers who refuse chemical testing may face an automatic license suspension. Still, a refusal does not mean guilt—and the suspension can be challenged at a formal hearing. Even in tragic cases, defendants are entitled to have the state’s claims examined thoroughly to ensure the charges are supported by credible, admissible evidence—not assumptions or public pressure.
Talk to a Skilled Illinois DUI Defense Attorney
If you have been accused of driving under the influence of cannabis, particularly in a case involving serious injury or loss of life, you need a legal advocate who can challenge the prosecution’s narrative and fight for your rights. The law surrounding cannabis DUI is still evolving, and every case demands a careful, fact-specific defense. Theodore J. Harvatin of the Harvatin Law Offices, PC, is a skilled Illinois DUI defense lawyer with the knowledge and experience needed to help you seek the best legal result available. To schedule a confidential consultation, contact Mr. Harvatin at (217) 525-0520 or use the online form.