What You Should Know About Cannabis Related DUIs

What You Should Know About Cannabis Related DUIs

Illinois Criminal Defense Attorney

What You Should Know About Cannabis Related DUIs

If you have been charged with a cannabis-related DUI, that means you were found guilty of operating a motor vehicle while driving impaired/high. Even though recreational use of cannabis has been legalized in a number of states, including Illinois, driving under its influence, is still considered a crime.


Getting a Cannabis DUI in Illinois


According to Illinois law, drivers who use medical cannabis or marijuana cannot drive while they are under its influence. Additionally, they must carry it in a sealed container which is inaccessible when the vehicle is in motion.


If you are pulled over by the police because they think you are under its effects, you must submit to a field sobriety test. If you refuse or fail the test, your driver’s license can be suspended, and you may even end up losing your medical marijuana card.


If you are asked to take a chemical test, DUI rules apply. If your THC level is 5 nanograms or more per millimeter of blood or 10 nanograms or more of any other substance in your body, you will be charged. Plus, you can also be charged with possession of marijuana if you don’t have a card for it.


What Constitutes ‘Driving’ As Per Marijuana DUI Law?


The meaning of the word ‘driver’ in the context of the DUI law is a person who is in actual physical control of the vehicle whether it is on the road or parked. To determine whether an individual is in actual control of a motor vehicle when you were caught with marijuana or under the influence of it, the court considers a combination of several factors such as the following:


  • Whether the vehicle was on or off.
  • Whether the vehicle was operable, moving, or stationary.
  • Whether the keys were in the ignition or not and if the defendant had access to them.
  • Whether there was gas in the tank.
  • Whether the gears of the vehicle were engaged or not.

These are just some of the considerations that determine whether the defendant is in actual physical control of the vehicle during a DUI charge. If you are facing said charge and are in search of a reliable defense attorney who can protect your best interests in court, get in touch with us at Michael D. Ettinger & Associates today in Palos Heights, IL.