DRIVING UNDER THE INFLUENCE OF CANNABIS—THE NEW ILLINIOIS LAW

With the legalization of marijuana in Illinois, now is a good time for a reminder that you can still be charged with DUI if you drive while impaired.

Under Illinois law, you may not drive or be in actual physical control of a motor vehicle if within two hours you have a tetrahydrocannabinol concentration of either 5 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of whole blood or 10 nanograms or more of other bodily substance. (See 625 ILCS 5/11-501(a)(7)).

Of course, the problem is knowing how much is too much.

Police departments across Illinois are still seeking the best way to test if you have reached that limit. For example, Carol Stream Police are investigating mobile detection machines that use mouth swabs. (See With no standard way to test drivers for THC, suburban cops test an option). Decatur police are going to try blood tests. (See Decatur police will use blood tests to check drivers for pot use.)

In the absence of a standardized device such as the breathalyzer, police usually rely on specialized drug impairment training.

If you are charged with DUI based on marijuana or other drug, contact an experienced DUI attorney. An attorney can first try to contest the police stop. Furthermore, the state must prove you guilty of all elements of the offense beyond a reasonable doubt. Can the state prove you were impaired? Even if the police acted lawfully and the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)