Since Marijuana is Legal in Illinois, is Driving While High Illegal?

 Posted on May 19,2023 in DUI

Marijuana DUI, or drugged driving as it is commonly called in Illinois, is a severe offense that can lead to numerous consequences if convicted. In 2019, Illinois passed laws legalizing the recreational sale and use of marijuana. However, contrary to the belief of many, driving while under the influence of marijuana is strictly prohibited by the law and can land someone in grave legal trouble. Therefore, if you have been arrested for drugged driving, contact a criminal defense attorney immediately to understand your legal options.

What You Need to Know About Drugged Driving in Illinois

The legalization of marijuana does not mean that DUI laws have changed. Driving under the influence of marijuana is still a criminal offense, punishing offenders with possible fines, jail time, or other penalties. The penalties for marijuana DUI are similar to those for a DUI involving alcohol. The driver could face the suspension or revocation of their driver’s license and may also have to complete an alcohol and drug evaluation before being allowed to drive again.

As you are likely aware, a DUI charge involving alcohol occurs when someone drives a vehicle with a blood alcohol level of 0.08 percent. According to the Illinois Vehicle Code, the code prohibits operating a vehicle while under the influence of any drugs or alcohol that affect a person’s ability to drive safely. The law defines under the influence of any substance as any amount of a drug or substance in a person’s breath, blood, or urine.

But what does this mean for marijuana? Illinois does have a per se law, meaning that a person found to have a certain amount of THC (which is the main element in marijuana that leaves a user feeling high) in a person’s blood, urine, or breath can be charged with DUI if they possess a THC concentration of 5 nanograms or more.

If this has happened to you and you have been charged with drugged driving, it is essential you contact an experienced DUI lawyer who has worked in cases involving drugged driving. When choosing a DUI lawyer, the more experience, the better. Your lawyer will help formulate your defense to help fight your charges.

Contact an Arlington Heights, IL DUI Attorney

While many parts of the country have softened their stances on the recreational use of marijuana, driving under the influence of the substance is still strictly prohibited. Contact the esteemed Rolling Meadows, IL DUI lawyer with Scott F. Anderson, Attorney at Law for sound legal counsel while fighting your drugged driving charge. Call 847-253-3400 for a free consultation.

Source - https://www.ilga.gov/legislation/ilcs/documents/062500050K11-501.htm