Changes to Illinois law tackle the problem of determining how much marijuana is too much for purposes of DUI. The new law took effect July 29, 2016.

The new law provides a limit for driving under the influence of marijuana much like the .08 standard for blood alcohol. Under the new law, you will be presumed to be impaired if 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 delta-9-tetrahydrocannabinol per milliliter of other bodily substance within 2 hours of driving or being in actual physical control of a vehicle.

The new law also takes marijuana out of the “trace law.” Under the “trace law,” you can be convicted of DUI if you have any unlawful substance in your system, even if your driving is not impaired. The trace law makes it easy for prosecutors since they need not prove that a drug influenced your driving. The mere fact the drug is in your system is enough to convict you. Because marijuana can remain in your system for up to 30 days, the trace law led to extremely harsh penalties for actually unimpaired drivers. The trace law still applies to other drugs.

If you are charged with DUI or similar crime, contact an experienced DUI attorney immediately. An attorney can review your case for your best possible defense. Even if the evidence against you is overwhelming, an experienced 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 criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email

Source: Amendments to DUI Law.

(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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