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Orland Park DUI Attorney for Marijuana/Drugs

Tinley Park DUI Defense Lawyer for Intoxication by Marijuana or Controlled Substances

If a person has "ANY AMOUNT" of a controlled substance in the person's breath, blood, or urine, the person can be guilty of 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 incapable of rendering any person 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 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, your driving was perfect. You are injured and taken via ambulance to a hospital. When the police are investigating, they 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 methamphetamine in your system, even if, hypothetically, you had used the drug a week earlier.

So you may be asking yourself, if a person can be convicted of DUI if they have ANY AMOUNT of drug in their system, why does the law state that a person may not operate a motor vehicle while under the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving? Here is the reason: If the State believes, for some reason, that you were operating a vehicle with drugs in your system, but there is no testing of the person's breath, blood or urine, OR THE TESTING ON THE PERSON'S BREATH, BLOOD OR URINE IS RULED INADMISSIBLE BASED UPON AN UNLAWFUL "SEARCH" OR SOME OTHER REASON, the State can attempt to prove that you were DUI because you had drugs in your system and the drugs rendered you incapable of safely driving.

Also 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, but NOT have enough alcohol in his system to be over the legal limit – but the COMBINATION of the alcohol and the prescription medication could make him "under the influence" under the law.

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.

Note that there are still numerous ways to successfully defend a charge that is based on marijuana, drugs or intoxicating compounds, even if it is found in your system, such as:

  1. The officer had no reason to stop you in the first place;
  2. The evidence of the marijuana, drugs or intoxicating compound in your 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.
Success Story: We have successfully defended clients who have been charged with DUI where Vicodin, cocaine or marijuana was found in the vehicle. Every case is different, and the circumstances of each case are unique. We are meticulous in our review of police reports and evidence. We are thorough and knowledgeable about the law. We fight for our clients. All of this has helped us get successful results for our clients for over 10 years.

Contact Our Will County Marijuana 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.

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