You ingested some cannabis gummies after a stressful workday. Later that evening, you were pulled over for a faulty taillight.  You felt you were driving safely, but you admitted to the officer that you had eaten the gummies and now you are under arrest.

Can you really be arrested for DUI when the sale and use of cannabis are now legal in Illinois?

The answer is yes.  Just as the ready availability and sale of vodka does not mean you can drink a bottle before driving, the fact that marijuana use is now permitted does not mean you get a pass.  As a matter of fact, the penalties for a cannabis vs. an alcohol DUI are essentially the same.

That said, you may still have a defense.  Did the officer have a legal reason to stop your car?  Was the officer trained in detecting drug use?  Is there blood evidence to show that you were above the limit? Can the state prove you were driving?  Perhaps it’s not clear you were behind the wheel of the car.  Even if 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

(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.)


About mdkeenan

A criminal and school law attorney with over 17 years of experience, I have successfully represented clients all over the Chicago area. My practice includes DUI, felony, criminal, misdemeanor, homicide, internet crime, retail theft, traffic offenses, cyberstalking, drug crimes, weapons violations, domestic battery and juvenile crime. I also represent families involving school cases. My clients come from all over the Chicago area including Skokie, Wilmette, Niles, Northbrook, Glenview, Evanston, Winnetka, Highland park, Northfield, Park Ridge, Des Plaines and Mount Prospect. I am a member of the ACLU and the Illinois State Bar Association. I serve as a volunteer for First Defense Legal Aid. Se habla espanol.
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