Can I Get a DUI For Driving Under the Influence of Marijuana?

Published on March 13th, 2020

Now that marijuana is officially legal in the state of Illinois, many people may wonder if it’s legal to drive under the influence of marijuana. As motor vehicle accident lawyers in Joliet, it’s important to convey that driving under the influence of marijuana is considered to be a crime in every state regardless of the state’s marijuana laws. for a free case evaluation. You can still be convicted of a marijuana-related DUI in the state of Illinois.

DUI Laws & Marijuana

In the state of Illinois, you are guilty of a DUI if you’re driving under the influence of any drug that renders you incapable of driving safely in addition to if you have any amount of drug, substance or compound in your system. 

  • Per se marijuana DUIs: In order to prove this type of DUI, a prosecutor would need to produce blood tests proving that the driver was over the legal limit. If a prosecutor is successful in doing this, it’s irrelevant whether or not the individual’s ability to drive was impacted by the marijuana, as the conviction is based on the amount of THC in the system. 
  • Impairment DUIs: “Impairment” is defined differently depending on the state. In Illinois, actual impairment isn’t an element. If there is cannabis in your system, even detected up to one month after use, it’s possible to be convicted weeks after cannabis was ingested. 


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Upon the first offense, convicted drivers will have a one-year loss of their driver’s license, possible imprisonment for up to one year, a maximum fine of $2,500 and a DUI victim impact panel required. Upon the second offense, you’ll receive a fine of up to $2,500, a minimum 5-year loss of your driver’s license, 5 days in jail or 30 days of community service, possible imprisonment up to 1 year, and mandatory substance abuse evaluation and treatment. Third and subsequent offenses are defined as a class 4 felony and will result in a driver’s license loss for 6 years, the potential to go to prison for up to 3 years, a fine of up to $10,00 and mandatory drug and alcohol treatment. 

Contact Our Motor Vehicle Accident Lawyers in Joliet

In the case that you find yourself facing unfortunate circumstances because of driving under the influence of marijuana, contact us at Block, Klukas, Manzella & Shell, P.C. for a free case evaluation.

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