Can I Get A DUI Driving High On Marijuana?
Yes. In Illinois, you can be charged with DUI for driving under the influence of marijuana, even though recreational cannabis is legal for adults under state law. Legal possession does not give anyone the right to drive while impaired. Police officers may arrest you based on driving behavior, physical observations, statements, field sobriety testing, chemical testing, or a combination of those factors.
A marijuana DUI case in Chicago can put your license, record, employment, and freedom at risk. When we defend these cases, we do not accept the prosecution’s version of events at face value. We examine how the stop began, what the officer actually observed, whether the arrest was supported by probable cause, how testing was conducted, and whether the State can prove its case beyond a reasonable doubt.
Illinois Law Prohibits Driving Under The Influence Of Cannabis
Illinois DUI law is found primarily in 625 ILCS 5/11-501. The statute makes it unlawful to drive or be in actual physical control of a vehicle while under the influence of a drug to a degree that makes the person incapable of safely driving. It also prohibits driving while under the combined influence of alcohol and drugs when that combination renders a person incapable of safely driving.
Cannabis is treated differently from alcohol in several important ways. Illinois law addresses THC concentrations measured within two hours of driving. A THC concentration of at least 5 nanograms per milliliter of whole blood, or at least 10 nanograms per milliliter in another bodily substance as defined by the statute, creates a statutory presumption that the driver was under the influence of cannabis.
That does not mean every marijuana DUI prosecution is straightforward. THC evidence can raise difficult questions involving timing, testing procedures, laboratory reliability, collection methods, and whether the prosecution can connect a test result to actual impairment while driving.
Legal Marijuana Use Is Not A Defense To DUI
One mistake we see is the belief that legally purchased cannabis cannot form the basis of a DUI charge. Illinois law says otherwise.
Under 625 ILCS 5/11-501(b), the fact that a person was legally entitled to use cannabis or another drug does not, by itself, provide a defense to a DUI prosecution. Our job is not simply to argue that cannabis was legal. We attack the State’s evidence. If the charge is based on alleged impairment, prosecutors still need evidence that supports the statutory elements. We look at whether the driving actually showed impairment, whether the officer’s observations were objective, whether medical conditions could explain physical symptoms, whether standardized procedures were followed, and whether the chemical evidence deserves the weight prosecutors want to give it.
A Marijuana DUI Can Trigger Criminal And License Consequences
A standard first DUI offense under 625 ILCS 5/11-501(c) is generally a Class A misdemeanor, although aggravating circumstances or prior offenses can lead to more serious consequences.
Illinois also has separate driver’s license consequences. Under the implied-consent provisions of 625 ILCS 5/11-501.1, a driver arrested for DUI may be asked to submit to chemical testing when an officer has probable cause. A qualifying THC test result can trigger a statutory summary suspension, and refusal to complete requested testing can lead to a longer suspension.
For a qualifying first offender, 625 ILCS 5/6-208.1 generally provides for a six-month statutory summary suspension after a chemical test showing the statutory cannabis concentration and a twelve-month suspension for refusing or failing to complete testing, assuming the statutory requirements are met.
We Fight The Evidence, Not Just The Charge
Marijuana DUI prosecutions can be vulnerable when the State stretches weak observations into claims of impairment. Red eyes, nervousness, odor, or the admission that cannabis was used earlier do not automatically prove that a person was incapable of safely driving at the relevant time.
We look at the entire case. We examine video from the traffic stop, body-camera footage, police reports, statements, field sobriety testing, chemical testing records, chain of custody, laboratory procedures, and the timeline between alleged driving and testing.
We also challenge unlawful traffic stops, unsupported arrests, improper searches, unreliable testing, and assumptions that do not match the actual evidence. When the prosecution’s case is weak, we push hard. When negotiation creates a better strategic outcome, we use the weaknesses we have uncovered as leverage. Effective DUI defense requires knowing when to attack and when to force the State into a position where resolving the case on favorable terms makes more sense than going forward.
Fight A Marijuana DUI Charge With Edward Johnson & Associates At Your Side
A marijuana DUI arrest can move quickly from a traffic stop to criminal prosecution and driver’s license consequences. We do not sit back and let prosecutors define the case. We examine the stop, the arrest, police credibility, video evidence, field sobriety testing, chemical testing, THC results, and every procedural weakness that can be used in your defense.
At Edward Johnson & Associates, we represent people facing DUI and criminal charges in Chicago and throughout the Chicagoland metro. Our approach is aggressive when the prosecution needs to be challenged and calculated when negotiation can produce a better result. We prepare to fight because preparation creates leverage. We also know when to use that leverage to push prosecutors toward a favorable resolution.
Our offices are located in Chicago, Illinois, and we serve clients throughout the entire Chicagoland metro. If you have been arrested or charged with driving under the influence of marijuana, do not assume that an officer’s conclusion or THC test result settles the case.
Contact our Chicago DUI defense attorney at Edward Johnson & Associates P.C. to receive a free consultation by calling 708-762-8666.
