The Law Office of Brian J. Mirandola


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Can I Get a DUI for Marijuana in Illinois?

 Posted on January 25, 2022 in DUI

Aurora DUI Defense LawyerIllinois legalized recreational marijuana in 2020. However, the drug is still regulated by the state. It is also illegal to drive a vehicle while under the influence of cannabis. If you are pulled over by police and they suspect you of “drugged driving” or driving under the influence of marijuana, you can be arrested and charged with driving under the influence (DUI).

Drugged Driving DUIs

Marijuana affects cognitive abilities, decision-making, and reaction time. Consequently, legislators have made it illegal to operate a car while under the influence of marijuana. You can be charged with DUI for using marijuana in two ways:

  • Illinois law makes it illegal to drive under the influence of an intoxicating substance. If police believe you are intoxicated and unable to drive safely, they can arrest you and charge you with DUI.

  • It is also illegal to drive with a THC concentration of 5 nanograms or more THC per milliliter of blood. Blood tests are used to determine if a driver is over this legal limit.  

Consequences for a Marijuana-Related DUI

If you are charged with DUI for cannabis, you can face administrative and criminal consequences. Your driver’s license may be suspended or revoked which means that it is illegal for you to drive any vehicle. You may also be sentenced to community service or court supervision. In some cases, you may even face jail time. DUI is also punishable by a fine of up to $2,500. Secondary and subsequent DUIs are penalized even more harshly.

What To Do If You Were Accused of Drugged Driving

If you were arrested for DUI due to alleged marijuana use, contact a lawyer for help. Your attorney can help you build a defense against the charges. He or she will evaluate the facts of the case, gather evidence, and advocate on your behalf. The prosecution must prove that you were under the influence at the time you were driving. Because THC stays in a person’s body for weeks or months after smoking, eating, or otherwise consuming marijuana, blood test results are not always credible. Your attorney can find weaknesses in the case against you and fight for your freedom.

Contact an Elgin DUI Defense Lawyer

If you or a loved one were charged with DUI, contact Elgin criminal defense attorney Brian J. Mirandola from The Law Office of Brian J. Mirandola for help. Mr. Mirandola can protect your rights and help you form a strong defense against the charges. Call 847-488-0889 for a confidential, free consultation to learn more.



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