As Chicago DUI defense lawyers, we know the police will do everything in their power to build a case when drugs are suspected in a DUI stop. They rely on field tests, chemical testing, and so-called “drug recognition experts” to try to put drivers in handcuffs. These tests are far from perfect. In fact, they are often riddled with flaws, bias, and questionable science. When prosecutors come at our clients with these tests, we fight back hard, exposing every weakness. Our job is to dismantle their evidence, whether in the courtroom or at the negotiating table, so that our clients walk away with the best possible outcome.
Drug testing in DUI cases is not as straightforward as alcohol testing. Illinois law under 625 ILCS 5/11-501 makes it a crime to drive under the influence of any controlled substance. Federal law, specifically the Controlled Substances Act (21 U.S.C. § 801 et seq.), sets the schedules for drugs that police claim impair drivers. But proving impairment is not simple. Unlike alcohol, there is no reliable “per se” level that proves intoxication for most drugs. That opens the door for us to attack the prosecution’s case at every turn.
Field Sobriety And Drug Recognition Evaluations
Police often start with field sobriety tests. These roadside tests are designed to detect balance, coordination, and mental clarity. But they are highly subjective. Officers also use “drug recognition experts” who claim to identify impairment through a 12-step evaluation. We have seen time and again how these so-called experts make mistakes, confuse medical conditions with drug use, and exaggerate observations to justify arrests.
Blood And Urine Testing
If police want chemical proof, they turn to blood or urine testing. Blood tests may show the presence of a drug, but not whether the driver was actually impaired at the time. THC, the active ingredient in marijuana, can stay in the blood long after the effects wear off. Urine tests are even less reliable. They can detect metabolites weeks after use, long past any point of impairment. Under Illinois law, prosecutors still try to use these results, but we know how to challenge them. We look at the chain of custody, testing methods, and whether labs followed protocols under 725 ILCS 5/115-15. One misstep by the state, and that evidence can be thrown out.
Why These Tests Are Not Bulletproof
Drug tests are not foolproof. They are tools that prosecutors want juries to trust, but the reality is much different. Errors in collection, handling, or lab analysis can poison the results. Officers often overstate what the tests show. That’s where we come in. We cross-examine aggressively, expose the gaps, and use those weaknesses to push for dismissals, reduced charges, or victories at trial.
Frequently Asked Questions About Drug Testing In Illinois DUI Cases
What Drugs Can Police Test For In DUI Cases?
Police can test for marijuana, cocaine, opioids, methamphetamines, and other substances listed under the Controlled Substances Act (21 U.S.C. § 801 et seq.). Illinois law under 625 ILCS 5/11-501 makes it illegal to drive while under the influence of any controlled substance.
Are Field Sobriety Tests Reliable For Detecting Drugs?
No. Field sobriety tests are subjective and often depend on the officer’s interpretation. Medical conditions, fatigue, or even nervousness can cause someone to “fail.” We attack these tests aggressively in court because they are far from scientific.
Can Marijuana Use Lead To A DUI Even If I Was Not High?
Yes. THC can remain in the bloodstream or urine long after the high has worn off. Illinois law allows prosecutors to use these results as evidence, but we challenge whether they actually prove impairment at the time of driving.
How Accurate Are Blood And Urine Tests In DUI Cases?
Blood tests can show recent use but not necessarily impairment. Urine tests are even less accurate because they detect metabolites weeks after use. Both types of tests are subject to human error, lab mistakes, and procedural failures.
What Legal Defenses Exist Against Drug Test Evidence?
We challenge the reliability of field sobriety tests, question the credibility of drug recognition experts, and scrutinize lab results for mistakes. Chain of custody issues, faulty equipment, and improper handling are all ways to undercut the state’s case.
Can A DUI Case Be Won If Drugs Are Found In My System?
Yes. The presence of drugs alone does not equal impairment. Prosecutors must prove that the drugs actually made the driver unable to operate safely. We use this gap in the law to build strong defenses and secure favorable outcomes.
Call Edward Johnson & Associates For Your Free Consultation
At Edward Johnson & Associates, we do not back down. We know the police and prosecutors will come hard, and we fight harder. Whether it means tearing apart junk science in the courtroom or using leverage to strike the right deal, we protect our clients with relentless determination.Contact our Chicago DUI defense lawyer at Edward Johnson & Associates P.C. to receive a free consultation by calling 708-762-8666. With offices in Chicago, Illinois, we serve clients throughout the entire Chicagoland metro.