Illinois DUI Lawyer Blawg
In Illinois, the legalization of marijuana has raised important questions about how DUI laws apply to cannabis-related impairment. A recent decision in Arizona highlights challenges associated with enforcing DUI laws for marijuana users and offers valuable insights for Illinois drivers. If you are facing a DUI charge involving marijuana, you should speak with an Illinois DUI defense attorney to determine your possible defenses.
Change in the Arizona DUI Law
It is reported that a recent Arizona Court of Appeals decision established a new standard for law enforcement officers seeking to impose driver’s license suspensions for marijuana-related DUIs. Allegedly, prior to this ruling, the presence of THC—the psychoactive component of marijuana—in a driver’s bloodstream was sufficient grounds for a DUI charge and license suspension. Critics argued, however, that THC metabolites can remain in a person’s system for days or weeks after use, long after any intoxicating effects have subsided.
The new ruling requires officers to prove that a driver was actually impaired by marijuana at the time of the stop. It is reported that this decision emphasizes the importance of observable evidence of impairment, such as erratic driving or poor judgment, rather than relying solely on chemical test results. This shift aligns DUI enforcement for marijuana more closely with alcohol-related standards, where impairment must be demonstrated through behavior or field sobriety tests.
Some law enforcement officials expressed concerns that the decision might complicate efforts to keep impaired drivers off the road. Others noted that well-documented field sobriety tests and officer observations remain effective tools for identifying impaired drivers, regardless of whether alcohol or marijuana is involved.
Illinois DUI Laws and Marijuana-Related Enforcement
Illinois law prohibits driving under the influence of marijuana and imposes penalties for drivers impaired by cannabis. However, as in Arizona, the mere presence of THC metabolites is insufficient to establish DUI charges. Illinois law requires evidence of impairment, which can be shown through observed behaviors, physical signs, or the results of field sobriety tests.
Drivers with a THC concentration of 5 nanograms or more per milliliter of blood or 10 nanograms or more per milliliter of another bodily substance may face DUI charges. However, drivers may contest these charges by demonstrating that their THC levels resulted from prior lawful use and did not impair their ability to drive safely.
Illinois is also an implied consent state, meaning drivers must submit to chemical testing if law enforcement has reasonable grounds to suspect DUI. Refusal to submit to testing can result in an automatic license suspension, though drivers retain the right to challenge this suspension in an administrative hearing. Unlike alcohol, marijuana impairment is not as easily measured, making officer observations and field sobriety tests critical in proving impairment.
Marijuana DUIs in Illinois carry significant penalties, including fines, license suspension, and potential jail time. For repeat offenders or cases involving aggravating factors, such as accidents causing injury, the penalties increase substantially. However, drivers arrested without probable cause or compelling evidence of impairment may challenge the validity of the charges and seek dismissal.
Consult an Experienced Illinois DUI Defense Attorney
If you have been charged with a marijuana-related DUI in Illinois, it is essential to build a strong defense, and you should consult an attorney promptly. Theodore J. Harvatin of the Harvatin Law Offices, PC, is an experienced Illinois DUI defense lawyer with the skills 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.