A Springfield Illinois man recently pled guilty to drug selling charges. He was sentenced to 9 years in prison.
Upon his release, the offender may find that he faces an Illinois driver’s license revocation. The article does not state, nor does any evidence in the case suggest, that the driver was using the drugs, or under the influence of the drugs or of any other drugs, including alcohol. You may quite logically ask, given this, how could he lose his driver’s license?
Many are familiar with the charge of Driving Under the Influence (DUI). To prove this charge, the prosecution must show, beyond a reasonable doubt, that you were operating a motor vehicle at a time that your ability to do so was impaired by alcohol, drugs or any combination thereof.
It is also illegal to operate a motor vehicle anywhere within the State of Illinois with a blood alcohol content (BAC) of .08 or greater. Furthermore, you can be charged in Illinois with DUI if it is shown that you had any amount of an illegal substance (including marijuana) in your system as shown by blood, urine or breath tests.
In the case of the BAC over .08 or the illegal substance in your system, the State is not required to prove that you were under the influence. Rather, the mere presence of the drug, or the BAC level, is a violation of the DUI laws. These are known as “per se” violations.