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posted on 4/23/15

In Illinois, a driver who is unsafely impaired by drugs or alcohol could face a DUI charge. DUI, or driving under the influence, is a serious criminal charge in Illinois. A driver convicted of DUI, even for a first offense, can face stiff penalties. State DUI laws are complex, and are made even more complicated by recent changes to Illinois medical marijuana laws. If you are a medical marijuana user, read the important information below.

Changes to Illinois DUI Laws

In 2013, Governor Pat Quinn signed the Compassionate Use of Medical Cannabis Pilot Program Act (“Compassionate Use law”), permitting the use of medical marijuana in Illinois. This law took effect on January 1, 2014, and has legalized an alternative medical treatment to many who suffer from a debilitating medical condition. Under the law, state residents can register with the Department of Public Health. A registered user can purchase medical marijuana from specified dispensing organization. In addition to legalizing medical marijuana, this law also created a special exception to state DUI laws for registered users.

Previously, Illinois law totally prohibited driving under the influence of cannabis. In fact, the old law prohibited motorists from driving with any detectable trace of cannabis in their system, even if they were arguably not impaired. However, the Compassionate Use law now permits a driver who is a “registered qualifying patient who is entitled to the lawful medical use of cannabis” to drive under the influence of medical marijuana. In other words, registered users can legally drive with marijuana in their systems, so long as their ability to drive safely is not impaired.

Testing for Impairment

It is important for any medical marijuana user to know that the law does not grant blanket permission to drive while high. A registered user cannot be impaired by cannabis, even though they can legally consume that cannabis. The key term here is “impaired.” If a registered user is impaired by marijuana, they can be charged with DUI.

Whether or not a driver is impaired is determined by a police officer, usually at the time of arrest. Often, police will administer a standardized field sobriety test to make that determination. The results of these sobriety tests are admissible in court against the driver. If the officer finds the driver is impaired by cannabis, they could be charged. Simply being a registered user is not a defense to DUI. However, even standardized field sobriety tests are not always reliable. In fact, the accurateness of these tests is often challenged in DUI cases. An experienced attorney will review the tests conducted, examine the circumstances of the arrest, and use that information to create a DUI defense strategy.

Contact Schaumburg DUI Defense Firm

Our skilled attorneys have defended countless clients against DUI throughout the Schaumburg and Rolling Meadows area. With a combined legal experience of more than 50 years, our seasoned Schaumburg DUI defense lawyers understand the state’s complex DUI laws. When you contact Glasgow & Olsson, you can schedule a free initial consultation to discuss your legal options with a qualified attorney.