States around the country continue to legalize medical and recreational marijuana use. Even in many states in which consuming marijuana is legal, however, people can still be prosecuted for marijuana-related crimes, like DUI. The process of determining how to test for impairment caused by alcohol, and what levels of consumption constitute impairment is not well-defined, however, any marijuana DUI laws are routinely challenged. For example, lawyers for a former basketball star in Nevada have argued the marijuana DUI charges against him should be dismissed, as the statutes out of which the charges arose are vague and unconstitutional. If you are charged with a marijuana DUI offense in Illinois, it is in your best interest to retain an assertive Illinois DUI defense lawyer to help you mount a compelling defense.
The Challenge to Nevada’s Laws
It is alleged that attorneys for a former basketball standout charged with DUI due to a fatal crash that occurred in 2020 are asking the court to dismiss the case. Police claimed they discovered a leafy green substance in the player’s car and that he had signs of cannabis intoxication. A blood test later revealed that the player had 3.0 nanograms per milliliter of THC in his blood, which was 1.0 nanogram higher than the legal limit. He was charged with careless driving but he was not charged with DUI resulting in death.
The subject motion alleges that Nevada’s marijuana DUI laws are unconstitutional and fail when tested. Specifically, they allege that the laws are not based in science and the legal limit for THC are not indicative of impairment. Further, the attorneys assert that the marijuana DUI laws violate due process and equal protection since THC levels are inaccurate and the state handles misdemeanors differently than crimes.
Illinois’s Marijuana DUI Laws
Marijuana use for recreational reasons is allowed in Illinois. That isn’t to say there aren’t any limitations on how it can be used. To begin with, only adults are legally allowed to consume marijuana for recreational purposes. In addition, persons who use marijuana and then drive could face DUI charges. It is illegal to operate a vehicle while impaired by marijuana, according to Illinois’ DUI laws, and those who do so may face DUI penalties.
Furthermore, if a person’s whole blood THC level is five nanograms or higher, he or she is considered to be impaired as a result of marijuana usage. THC blood levels below five nanograms, on the other hand, are just considered evidence on the question of whether or not they are impaired as a result of marijuana usage. However, regardless of a person’s THC blood levels, a police officer must have probable cause to stop them for suspected DUI or any other infraction, or to ask them to submit to chemical testing.
Speak to an Experienced Illinois DUI Defense Attorney
In Illinois, people can be charged with DUI offenses for operating a vehicle while impaired by an intoxicating substance, including marijuana. If you are charged with a marijuana DUI crime, it is advisable to speak to an attorney as soon as possible. Attorney Theodore J. Harvatin, of the Harvatin Law Offices, PC, is an experienced Illinois DUI defense attorney with the skills and knowledge needed to help you seek a just outcome, and if you hire him, he will work tirelessly on your behalf. You can contact Mr. Harvatin via the form online or at 217.525.0520 to set up a meeting.