Illinois DUI Charges for Driving Under the Influence of Marijuana

Naperville DUI Lawyers

With a DUI, most people immediately think of drivers who are under the influence of alcohol. While alcohol is the most commonly used intoxicant, it is not the only substance that it is illegal to be under the influence of while operating a motor vehicle. According to Illinois law, it is unlawful for any driver to be under the influence of drugs, alcohol, or a combination of both while operating a motor vehicle. With medical marijuana legal in Illinois and recreational legalization perhaps on the horizon, driving under the influence of marijuana charges are increasingly common.

Marijuana and Illinois DUI Laws

In 2014, medical marijuana became legal for Illinois residents, as long as they have a valid prescription and I.D. card issued by the Illinois Department of Public Health. Cardholders are permitted to have up to 2.5 ounces of marijuana in the car with them, as long as it is kept in a secure and sealed container. Cardholders are not permitted to be under the influence of marijuana while driving, even if it is medically prescribed.

In Illinois, there is a limit to how much THC can be in your bloodstream while you are operating a motor vehicle. While the legal limit for a driver’s blood-alcohol content is .08, the legal limit for THC concentration in the blood is 5 nanograms or more per milliliter of whole blood or 10 nanograms or more per milliliter of another bodily substance.

If you are convicted of driving while under the influence of marijuana, it is a Class A misdemeanor for a first offense. This means you can face up to one year in jail, a $2,500 fine, and revocation of driving privileges for 12 months. If you were under the influence of marijuana and not a medical marijuana patient, you can also face charges for possession and use of a controlled substance.

Contact a Naperville Marijuana DUI Defense Attorney

DUI is a serious offense that can dramatically impact your life. At Law Office of Glenn M. Sowa, LLC Attorneys at Law, we understand the seriousness of these allegations and will fight to keep a conviction off your record. Our skilled St. Charles marijuana DUI defense lawyers will work diligently to formulate a solid defense. Call our office today at 630-232-1780 to schedule a free consultation.