You find that marijuana gummies ease certain health problems, although you don’t have a prescription for them. One day, you may have eaten too many before driving on an errand. Police stopped you for weaving and arrested you for DUI.
What are the charges? What can you do?
In Illinois, there are two primary types of marijuana-based DUIs:
Under 625 ILCS 5/11-501(a)(7), you may not be in actual physical control of a 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. In short, the state must prove that 1) you were driving or were in physical control of a vehicle and 2) you exceeded the legal limit.
Under 625 ILCS 5/11-501(a)(4), the state must prove that you were in actual physical control of the vehicle while under the influence of cannabis to a degree that you could not drive safely. In that case, the state doesn’t have to prove the amount of marijuana in your system, only that your driving was impaired.
If you have been charged with DUI or a related offense, contact an experienced attorney immediately. An attorney can review your case for its best possible defense. Did the police have probable cause to stop you? Did they follow correct procedures during the arrest? Can the state prove the elements of the offense beyond a reasonable doubt? 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.)
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Illinois Jurisprudence: Criminal Law and Procedure. Vol. 1. (LexisNexis 2014).
Illinois Jurisprudence: Criminal Law and Procedure. Vol. 1. (LexisNexis 2014).