Articles Posted in Drugs

In most states, the police do not need a blood test to arrest a person for DUI; instead, they often stop and arrest DUI suspects after observing behavior that indicates they might be intoxicated. While a blood test may ultimately be used to exonerate a DUI defendant, unjustly being charged with a DUI crime is often enough to cause devastating repercussions in a person’s life. This was demonstrated recently in Tennessee, when a woman was charged with DUI and felony child neglect and temporarily lost custody of her sign, despite the fact that she had not consumed any alcohol prior to her arrest. If you are accused of a DUI offense, it is wise to confer with a skillful Illinois DUI defense lawyer to discuss your options.

The Arrest and Charges  

It is reported that the woman, who was a nurse, worked 41 hours over the course of three days, caring for COVID-19 patients. On her day off, she dropped her son off at a daycare facility so that she could run errands. She picked him up later that day and proceeded to drive off. Unbeknownst to her, though, a worker at the daycare facility called the police and reported that the woman seemed impaired.

Allegedly, the police stopped the woman shortly after she left the lot. They observed that she did not smell of alcohol, and she advised she had not consumed any, but they asked her to submit to field sobriety tests regardless. She did not perform well on the tests, which she attributed to the fact that the police had taken her son into their vehicle. She acknowledged the fact that she took ADHD medication. She was charged with DUI and felony child neglect, and her son was taken into state custody for six weeks. Blood tests ultimately showed that she was not intoxicated and that she was taking her ADHD medication at therapeutic levels. Continue reading →

Although most police officers are thoroughly trained in the signs of intoxication, their actions do not always comport with their training. For example, a woman in Phoenix, Arizona, was recently detained and charged with DUI despite the fact there was no evidence that she was intoxicated. The woman subsequently filed a complaint against the police department, shedding light on the concerning issue of inappropriate arrests. If you were charged with a DUI despite a lack of evidence that you were intoxicated while operating a vehicle, you should meet with a skillful Illinois DUI attorney regarding your case.

Factual Background of the Phoenix Arrest

It is reported that the Phoenix police pulled over a 29-year-old woman who was driving late at night with her boyfriend. The woman, who pulled over into a parking lot of a business, described the officer as having an intimidating attitude. The woman received a ticket for an unsafe lane change, a red light violation, and an improper turn. The officer reportedly observed an odor of alcohol coming from the car and therefore attempted to conduct a field sobriety test. The woman advised the officer that she had a severe fear of men and of the police and requested that a female officer come to the scene. The officer noted the woman’s anxiety in his report repeatedly. A female officer was not dispatched, however, but more male officers arrived.

It is alleged that the woman admitted to consuming sake four hours prior to being stopped, and a breathalyzer test indicated her blood-alcohol level was .02. Under Phoenix law, an officer cannot arrest a person with a blood-alcohol level of less than .05 unless it is suspected the person is under the influence of drugs. Thus, the officer then began questioning the woman regarding whether she consumed drugs, which she denied. The woman was ultimately arrested and charged with DUI for drugs and alcohol. The charges against her were dismissed two months later, and her case was closed, but the woman had to spend hundreds of dollars defending the claim, and the DUI arrest remains on her record. To help prevent similar occurrences in the future, the woman filed a complaint against the Phoenix police department and asked that the police receive more training in crisis prevention.

Continue reading →

As states throughout the country continue to decriminalize the use of marijuana, the laws regarding the operation of vehicles after ingesting marijuana continue to change as well. The changes in the law can drastically affect how marijuana-related DUI charges are prosecuted, as shown in a recent case arising out of an Illinois Appellate Court. If you are a resident of Illinois and are charged with a DUI arising out of your use of marijuana it is crucial to engage a proficient Illinois DUI attorney with experience handling marijuana-related DUI charges to help you set forth a defense.

Facts of the Underlying Case

Reportedly, the defendant was involved in a single-vehicle accident in which his car left the road, and his passenger was ejected from the vehicle. The passenger later died from his injuries. The defendant, who allegedly had marijuana in his system at the time of the accident, was charged with aggravated driving under the influence. He pleaded guilty and was sentenced to twelve years in prison. He subsequently appealed, arguing that the DUI statute was unconstitutional, and his sentence was unjust. On appeal, the court affirmed.

At the time of the defendant’s conviction, the DUI statute prohibited a person from driving if he or she had any marijuana in his or her blood. Under the statute, any amount of marijuana use was criminal, and the State only had to prove that the defendant used marijuana prior to driving to obtain a conviction. The statute was later amended to remove marijuana-related offense, and a new provision was added that established the elements of marijuana-related DUI crimes.

Continue reading →

Although the use of marijuana is legal in many states, drivers are still prohibited from operating a vehicle while impaired, which includes impairment due to marijuana. States across the country have struggled with the issue of how to test whether a person is under the influence of marijuana, with some states, including Illinois, choosing to employ blood tests. Recently, Michigan’s Impaired Driving Commission has recommended that the state bypass blood tests to prove a person is under the influence of marijuana, and choose to employ field sobriety tests instead. If you live in Illinois and were recently charged with a marijuana-related DUI charge it is vital to retain a skilled Illinois DUI attorney to assist you in planning your defense.

Michigan’s Impaired Driving Commission’s Findings

Following a two-year review, the State Impaired Driving Commission recommended that the state legislature not set a limit for how much THC a driver is permitted to have in his or her blood. Rather, the Commission recommended that police investing a driver for suspected intoxication due to marijuana employ filed sobriety tests to assess the person’s fitness to operate a motor vehicle. This recommendation was based on the fact that THC blood levels do not correlate to a person’s level of intoxication. THC, unlike alcohol, is fat soluble and stays in a person’s body well after a person is no longer affected by the marijuana he or she ingested. Further, the Commission found that THC limits set in other states are wholly arbitrary and are not based on sound evidence. Additionally, the State has been able to convict people of DUIs absent any chemical testing. While Michigan currently has a zero-tolerance level for any THC in a driver’s blood it will be interesting to see if the law changes based on the Commission’s recommendations.

Illinois Marijuana Law

Currently, under Illinois law, a person is not permitted to drive while under the influence of any drug, including marijuana, that affects the person to the point where he is or she is incapable of driving safely. Thus, a person can be charged with DUI for the use of marijuana. Illinois has set a threshold of 5 nanograms of THC in whole blood for the level at which it will be presumed a driver was under the influence of marijuana. For cases where the defendant’s blood concentration of THC is less than 5 nanograms, the person’s THC blood level can be considered along with other competent evidence to determine if the person was under the influence of marijuana. While the Michigan Impaired Driving Commission’s recent findings will not affect Illinois law, they may be persuasive as to whether Illinois and other states should continue to employ THC blood levels in the prosecution of DUIs.
Continue reading →

In response to the legalization of marijuana in states throughout the country, some states have considered enacting laws restricting the use or possession of marijuana while in a vehicle, similar to the laws restricting the use of alcohol. For example, the Massachusetts Special Commission on Operating Under the Influence and Impaired Driving (the Commission) has recommended that the legislature enact laws to prohibit open containers of marijuana in vehicles. While currently, Illinois’ open container law only applies to open containers of alcohol, the Commission’s recommendations could be a sign of changes to come throughout the country. If you are charged with a DUI or violation of Illinois’ open container law, you should speak with an experienced Illinois DUI attorney as soon as possible to discuss the facts of your case.

The Commission’s Findings

Reportedly, the Commission recommended passing a law prohibiting drivers from traveling with open containers of marijuana, making it a civil infraction. The Commission further recommended that a person found to be in violation of the law face a $500.00 fine. The Commission also recommended that a person who refused to submit to a roadside drug test suffer a six-month license suspension, similar to the penalty for refusing to submit to a breath test. Further, the Commission recommended instituting electronic warrants to allow police officers to obtain blood tests in an expedient manner.

Notably, the Commission voted on extending the open container law to marijuana, despite valid concerns regarding how the law would be implemented. One of the main concerns was the lack of clarity as to how the law would apply to a bag of marijuana or edible forms of cannabis. The Commission also set forth recommendations regarding education as to the intoxicating effects of marijuana. Specifically, it was recommended that police officers undergo more extensive training regarding signs of drug impairment. It also recommended launching a public awareness campaign regarding the dangers of driving while under the influence of marijuana.

Continue reading →