Currently, Illinois drivers face tough penalties if convicted on DUI charges related to drugged driving, even in cases where the driver is not impaired. A recent proposal in the Illinois legislature could lighten some of the restrictions placed on drivers who use marijuana. All drivers should be aware of both current DUI laws and the how these laws could change in the near future.
Current Marijuana DUI Laws
The term DUI, or driving under the influence, actually applies to instances of both alcohol- and drug-impaired driving. Most drivers are familiar with the laws on alcohol-related DUIs. When a driver operates a motor vehicle with a blood alcohol content level of 0.08 percent or more, they are considered legally intoxicated. The driver can then be charged with a DUI because they cannot drive safely due to the influence of alcohol.
Unlike alcohol-related DUIs, there is a zero tolerance policy for drugged driving. For drivers, this policy means that any trace amount of marijuana in their bloodstream could result in a criminal charge. This is true even in cases where a driver was not practically impaired. In some cases, trace amounts of THC, the active chemical in pot, can stay in the bloodstream for days after consumption. Thus, a driver who smoked or ingested marijuana days prior may face a DUI charge if they are found to have any level of cannabis in their system.
The penalties for even a first-time marijuana DUI conviction are severe, and may include:
- Up to one year in jail;
- Fines up to $2,500;
- A minimum of 100 hours of community service; and
- Driver’s license suspension.
Proposed Changes to Marijuana DUIs
Illinois House Bill 218 (HB 218) seeks to decriminalize marijuana use in certain amounts. Decriminalization is not the same as legalization; where legalization removes all penalties, decriminalization prohibits all criminal charges and the potential for jail time.
Under the proposed law a marijuana user would only face a civil fine of $125 for possession and use of up to 15 grams of pot. Several states around the country, including Alaska, California, Maryland and the District of Columbia, have decriminalized marijuana use for certain amounts of the drug. HB 218 would have a big impact on Illinois DUI laws by establishing a legal allowable limit of cannabis for drivers. If the bill becomes law, Illinois motorists will not face a DUI charge if they drive with 15 nanograms of cannabis in their blood (or 25 nanograms in other bodily substances, like saliva).
HB 218 has passed both chambers of the state legislature, and now the bill is before Governor Bruce Rauner. If Governor Rauner signs the bill, it will become law and take effect later this year.
Schaumburg DUI Defense Lawyers
If you currently facing a DUI charge for marijuana use, contact our skilled Schaumburg criminal defense lawyers today. For years, the attorneys at Glasgow & Olsson have helped clients throughout the Schaumburg area defend against DUI and other drug charges. Call 847.577.8700 now and schedule a free initial consultation.