Can you be charged with DUI for Marijuana in Illinois? The answer is yes and the consequences of driving while high can be severe and the legal implications even more serious. Most states across the US have made legal the use of recreational marijuana and Illinois has followed suit. Since the legalization of recreational marijuana in Illinois there has been a concern of the high rise of Marijuana-related DUIs in the state. Individuals that are 21 years or older than that in Illinois are now permitted to buy and consume cannabis. Even as this is the case the drug still remains controlled since influence of marijuana can cause impairment.
Individuals that are allowed to purchase and be in possession of marijuana in certain doses have the permission to only consume the drug in specific places. Just like alcohol users marijuana users will be charged if they are caught driving under the influence.
Even though an individual should not drive under the influence or alcohol or drugs it is possible for one to make a mistake. One mistake should not end up ruining your clean driving record, career path or even result in you losing your driving privileges. You can call DUI lawyers 24/7 if you have been charged or arrested as a result of driving under the influence of cannabis. We can talk about the options you have and help you find a solution.
Marijuana DUI Laws in Illinois
According to the Illinois DUI factbook drivers in Illinois are not permitted to drive a motor vehicle while they are impaired as a result of alcohol or any other drug like cannabis. This applies to medical cannabis user or medical marijuana users and recreational cannabis users. The state of Illinois has put in place a limit that shows the legal amount of THC (chemical in marijuana) that a driver should have in their blood.
THC is the intoxicating compound that is found in Marijuana. When it comes to alcohol the legal limit is a blood alcohol concentration of 0.08. The legal limit for THC on the other hand is 5 nanograms of THC per milliliter of blood or it can be 10 nanograms per milliliter of any other bodily substance when chemical testing is administered.
Compared to an alcohol related DUI, a Marijuana-related DUI is not as clear cut. One of the major reasons that Marijuana related criminal charge is not as clear cut is because there is not an accurate way to determine how intoxicated an individual is when they are under the influence of Marijuana.
Some individuals can feel intoxicated with less than 5 nanograms of THC in their blood while other individuals may not be intoxicated when they have more than 5 nanograms of THC in their blood. Also, after using marijuana it is possible for an individual to have traces of THC remaining in their body for weeks.
Penalties For a Marijuana DUI
Driving under the influence of Marijuana has increasing tiers of punishments depending on the number of DUI offenses that one has committed. As a first time offender an individual that has been charged and convicted of driving under the influence of cannabis is likely to face a suspension for their driving privileges for a period of six to twelve months, pay a fine of $2500 and they can spend up to one year in prison.
After an individual commits a second criminal penalty the individual faces larger fines, prison time of about 3 years, and a license suspension of 2 to 3 years. As a result of committing the offense you may be required to submit to a drug treatment and drug-related counseling at a rehabilitation facility. Also, you may be assigned days of community service that you may be required to complete.
If you commit further a DUI related criminal offense you risk loss of driving privileges for a very long period and you may not have the option to appeal or have access to a restricted driving privilege.
Contact Our Firm for Help with a Marijuana DUI
If you are facing DUI charges as a result of consumption of cannabis and have been arrested by a law enforcement officer, it is important for you to seek legal representation so you can be able to protect your rights and interests during trial. The criminal defense attorney from DUI lawyers 24/7 can help. Schedule your free initial consultation and talk to an experienced criminal defense lawyer. Let us discuss the details of your case when you call us today!