Can You Get a DUI for Driving Under the Influence of Marijuana in Illinois?

Most individuals are aware that driving under the influence of alcohol could result in a DUI. However, marijuana DUIs are not as commonly discussed.  

You can absolutely get a DUI for driving under the influence of marijuana. As of January 1 2020, buying and selling recreational marijuana became legal in Illinois. It is not considered a crime to possess 30 grams or less of marijuana. However, what are the laws pertaining to driving under the influence of marijuana? 

Driving Under the Influence of Marijuana in Illinois

If you drive with a THC level of 5 nanograms per deciliter of blood or more, you could be charged with an Illinois DUI. THC is the chemical in marijuana that is responsible for most of its hallucinogenic effects. 

If you are a frequent marijuana user, you may be consistently over the legal THC limit. In order to ensure there is less than 5 nanograms per deciliter in your blood, you may have to wait a week or more, depending on how often you use marijuana.

If you hold a medical marijuana card in Illinois, the 5 nanogram per deciliter of blood guideline does not apply to you. However, impaired driving that poses as a safety threat to others could still result in a DUI charge. 

How Do Police Test for Marijuana?

Currently, there is no approved breathalyzer test for marijuana. Due to this fact, police often use a combination of field sobriety tests, and blood or urine testing. The results of chemical testing and field sobriety testing must be challenged, as they can often prove inaccurate. Furthermore, field sobriety testing and impairment by marijuana has little or no studies showing correlation.

This inaccuracy of chemical tests and field sobriety testing further cements the importance of seeking the aid of an experienced criminal defense attorney. An attorney on your side could mean the difference between a conviction and a clean record. Contact The Nold Law Firm, LLC today.