Orland Park DUI Attorney for Drugs

Tinley Park DUI Defense Lawyer for Intoxication by Controlled Substances

Intoxicated driving is a serious criminal offense, and people may face DUI charges in a variety of circumstances. In addition to DUI related to alcohol use, intoxication by other substances may also lead to criminal charges. For those who are arrested for DUI based on the use of drugs, an experienced attorney can provide invaluable legal help. At Issa Law, LLC, we represent clients in DUI cases involving controlled substances, marijuana, or combinations of different substances that allegedly led to intoxication. We work to ensure that our clients can resolve DUI cases successfully while minimizing their potential penalties.

Controlled Substance DUI

If a person has any amount of a controlled substance in their breath, blood, or urine, they may be charged with DUI. No proof of intoxication is required. The only proof necessary is that the person had in his or her breath, blood, or urine any amount of an illegal drug or other controlled substance or compound. It could be an extremely small amount that would not actually cause a person to be impaired. It could be an amount that has no effect on the driver because the exposure to the substance was days ago. None of that matters. All that matters is whether there was any amount of a drug.

For example, if you are driving, and while you are stopped at a red light, another vehicle rear-ends you, you are clearly not at fault. However, if you are injured and taken to a hospital in an ambulance, police may investigate the case and have your blood drawn for evidence purposes. If the result shows any level of methamphetamine in your blood, you could be found guilty of DUI based on the controlled substances in your system, even if, hypothetically, you had used the drug a week earlier.

Illinois law states that that a person may not operate a motor vehicle while under the intoxicating influence of any substance or combination of substances. A person may be considered intoxicated if the use of these substances has made them incapable of operating a vehicle safely. Even though a trace amount of drugs in a person's system does not necessarily mean that a person was unable to drive safely, Illinois law also states that a person may not operate a vehicle while having any amount of illegal controlled substances in their breath, blood, or urine.

It is also important to note that a prosecution for drug-related DUI can also entail intoxication by prescription drugs (Vicodin, for example). A person can legally be taking Vicodin (or any other pain medication or prescription medication) and consume alcohol, and even if they do not have enough alcohol in his system to be over the legal limit, the combination of the alcohol and the prescription medication could cause them to be "under the influence" under the law. Any combination of substances that renders a person incapable of driving safely may result in DUI charges.

Marijuana DUI

While marijuana is now legal for recreational and medical use in Illinois, a person may face DUI charges if they have this drug in their system. The legal limit for THC (the chemical in marijuana/cannabis that makes a person "high") is five nanograms per milliliter of blood or 10 nanograms per milliliter of other bodily fluids, such as saliva or urine. If a driver is arrested on suspicion of intoxicated driving and submits to a chemical test showing that they were above this limit when they were driving, they may be charged with DUI.

Defending Against Charges of DUI by Drugs

It is important for drivers to understand that there are numerous ways to successfully defend against a DUI charge that is based on marijuana, drugs, or intoxicating compounds, even if chemical tests find that a person had these substances in their system while driving. Potential defenses may include:

1. The officer had no reason to stop a driver in the first place;
2. The evidence of the marijuana, drugs, or intoxicating compound in a person's system was obtained as a result of an illegal "search and seizure";
3. The results were not accurate or reliable;
4. The manner in which the sample was obtained was not proper, accurate, or reliable;
5. Other possible defenses to a result based upon blood or urine testing.

Contact Our Will County Drug DUI Defense Attorney

If you have been arrested for DUI based on the use of marijuana or other drugs, we can help you defend against these charges. Contact us today by calling 708-966-2408 and setting up a consultation.