Illinois DUI Lawyer Blawg
As cannabis legalization continues to spread across the United States, states are grappling with how best to enforce DUI laws in cases involving marijuana use. While alcohol impairment has long been subject to measurable standards like blood alcohol concentration (BAC), THC, the psychoactive compound in marijuana, presents enforcement challenges due to its unpredictable effects and persistence in the body. Efforts across various states to develop better tools to detect marijuana-related impairment offer insight into the complexities of this issue and its implications for Illinois drivers. If you are facing a marijuana-related DUI charge in Illinois, it is essential to consult an experienced DUI defense attorney to understand your rights and possible defenses.
Marijuana Detection Tools Across the States
It is reported that police departments in several states, including Minnesota, Colorado, and Michigan, have been testing new devices designed to detect THC impairment. These tools include roadside saliva tests and experimental THC breathalyzers. In Minnesota, officers piloted a saliva-testing machine that resembles a coffee maker in size and form. The device analyzes THC levels in oral fluid, and results from the pilot are being compiled for state lawmakers. Similarly, researchers in Colorado are developing a THC breathalyzer, while other states have tested cognitive-function apps or goggles that measure pupil response.
Allegedly, THC presents unique challenges compared to alcohol. Experts note that while breath alcohol levels closely correlate with actual impairment, THC levels do not. THC can remain in the body for hours or even days after use, well beyond the period of actual impairment. Reportedly, this means a person could test positive for THC even when no longer under its influence, raising concerns about the fairness and reliability of prosecution in marijuana DUI cases.
It is reported that individual tolerance to marijuana affects how it impacts driving behavior. Some users may be significantly impaired after minimal use, while others, particularly habitual users, may show minimal outward signs despite testing positive. According to experts cited in the article, this inconsistency makes it difficult for law enforcement to rely on chemical tests alone. As a result, officers are increasingly trained to detect signs of impairment through behavioral cues, such as slowed reaction times, erratic driving, or physical indicators during roadside stops.
It is alleged that without an established THC threshold that clearly defines impairment, states risk penalizing drivers who are not truly impaired or failing to identify those who are. Some researchers caution that over-reliance on testing technology without behavioral evidence may result in unjust arrests. Others argue that focusing on public education about the risks of driving high may be more effective in promoting road safety than solely relying on enforcement technology.
Illinois Law on Marijuana DUIs
In Illinois, DUI laws prohibit driving while under the influence of cannabis, whether for medical or recreational use. Under 625 ILCS 5/11-501, drivers can be charged with DUI if they are found to have a THC concentration of 5 nanograms or more per milliliter of blood, or 10 nanograms or more per milliliter of another bodily substance, within two hours of driving. However, Illinois courts also require evidence of actual impairment. This means that a positive THC test result alone is not sufficient to convict a driver; prosecutors must show that the substance impaired the driver’s ability to operate a vehicle safely.
Illinois is an implied consent state, which means that drivers must submit to chemical testing if an officer has reasonable grounds to believe the person is under the influence. Refusing to take the test can lead to an automatic license suspension, though the driver may challenge that suspension at an administrative hearing. As with other states, Illinois law enforcement often relies on field sobriety tests, officer observations, and witness statements to establish impairment, particularly in the absence of reliable THC breath testing.
Consult an Experienced Illinois DUI Defense Attorney
If you have been charged with a marijuana-related DUI in Illinois, it is essential to build a strong defense, and you should consult an attorney promptly. Theodore J. Harvatin of the Harvatin Law Offices, PC, is an experienced Illinois DUIdefense lawyer with the skills and experience needed to help you seek the best legal result available. To schedule a confidential consultation, contact Mr. Harvatin at (217) 525-0520 or use the online form.