DOES THE STATE NEED A CHEMICAL TEST TO PROVE A MARIJUANA DUI?

The answer is no, depending on the other evidence.

While marijuana use is largely legal in Illinois, you cannot drive or be in actual physical control of a vehicle while under its influence to a degree that makes you incapable of driving safely. See 625 ILCS 5/11-501(a)(4).

Even without a blood or urine test, the state can still prove a cannabis DUI based on all the evidence from a police stop. Please note, however, that the state may have  trouble convicting you if the officer is not certified in detecting drug use.  Without a certified drug recognition officer, your attorney may be able to petition the court to dismiss the case.

During a police stop, there will likely be video of any field sobriety tests as well as your other behavior, such as how you talk, how you walk and how you get out of the car.  There may even be video of your driving before the stop.  A judge or jury will review all this evidence before deciding if you are guilty.

For example, in Village of Lincolnshire v. Olvera,  the defendant, a driver’s education student, was convicted of cannabis DUI.  At first, his teacher thought defendant’s poor driving was due to inexperience.  But the teacher later became suspicious. The defendant’s speech was slow, he was confused and could not respond quickly to questioning. He walked slowly and slurred his words.  He could not maintain balance during field sobriety tests.  Defendant was not answering questions and could not remember some of the questions he was asked. Video showed defendant stumbling back and forth and running into school lockers.

While the above case seems pretty clear, often the evidence from a stop is more debatable.  If you are charged with cannabis DUI, an attorney can review that evidence for your best possible defense.  Bear in mind that different judges may view the same facts very differently.  Therefore, it helps to have an attorney who is familiar with your courthouse to present your case in its most favorable light.  Even if 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.)