Most Illinois drivers are aware of state laws prohibiting drunk driving. Many drivers are also aware of the potential legal consequences of a drunk driving conviction. All drivers should be familiar with state laws prohibiting drugged driving, as well. A conviction of drugged driving, commonly referred to as driving under the influence of drugs (or DUI-D), could lead to many negative consequences. Such penalties upon conviction could include steep fines and jail time, even for a first offense. Learn more about DUI-D charges and penalties below.
Drugged Driving Defined
A drugged driving charge is considered a DUI. Under state law, a DUI charge consists of three major components:
- Operating a motor vehicle;
- Under the influence of a drug or combination of drugs; with
- The inability to drive safely.
If a driver’s impairment is due to drug use, and renders them incapable of driving safely, they could face a DUI charge. Illinois law mandates a zero tolerance policy, which means that even relatively minor cases of drugged driving are handled severely.
However, the same law creates a special category for drivers under the influence of cannabis. Instead of requiring the three components above, a driver can also face a drugged driving charge if:
“There is any amount of a drug, substance, or compound in the person’s breath, blood, or urine resulting from the unlawful use or consumption of cannabis.”
In other words, if a driver has the smallest detectable trace of cannabis in their system, they could face a DUI. The law does differ, however, for those in lawful possession of a medical marijuana card. An individual who has used marijuana legally for medicinal purposes may only be arrested for DUI if it can be shown that he or she was impaired by the substance while operating the vehicle.
Potential Penalties
Among the first questions defendants in DUI-D cases ask is what punishment they face. Upon conviction of a first time DUI charge, criminal penalties can include:
- A jail sentence up to one year;
- Fines up to $2,500;
- A minimum of 100 hours of community service;
- Driver’s license suspension; and
- Alcohol consumption monitoring devices.
Penalties increase with future convictions. A convicted driver could face additional penalties if their impairment caused serious or deadly injury to another person, or a child under the age of 16 was in the vehicle.
Legal Defenses
Though a DUI-D charge can certainly be intimidating, you may have many options for your defense. Often, such charges are challenged for a lack of probable cause. This means the arresting officer did not have the proper legal cause to arrest you. Your attorney can analyze your arrest records and make this determination. He or she may also be able to challenge whether a DUI is appropriate in your case.
Contact Skilled Schaumburg DUI Attorneys
Our experienced Schaumburg DUI defense lawyers at Glasgow & Olsson understand the challenges of handling a DUI-D case. We also know the stress you may be dealing with during the course of the case. Our legal team is dedicated to your defense, and will thoroughly explain your legal options. Contact our Schaumburg office today for a free consultation at 847.577.8700.