What You Should Know About Drugged Driving

 Posted on July 09, 2021 in DUI

With the legality of marijuana expanding across the 50 states and prescription medication becoming ever more common, the laws surrounding drugged driving continue to adapt. Because of these adaptive and varied cases, it is important to understand the available options when faced with driving under the influence (DUI) charges. While DUI laws may initially seem confusing, a Kane County defense attorney can help you move forward. 

The Illinois vehicle code statute includes seven ways in which someone may be found guilty of driving under the influence. It is against the law to drive while impaired driving due to by drug or combination of drugs. Cases and outcomes can vary immensely based on the legality of the drugs in the person’s system. Since legalizing recreational use of marijuana in Illinois in 2020, driving under the influence of marijuana is addressed similarly to drunk driving. The legal limit for THC is 5 nanograms of THC per milliliter of blood.

A major difference between DUIs brought on by illegal drugs versus prescription medication or recreational marijuana is the integration of “per se” law. According to Illinois law, a driver may be charged with DUI if he or she has any amount of a controlled substance in his or her system while driving. Per se law can be implemented even if the individual believes that he or she is capable of driving safely. 

Penalties Resulting from Drugged Driving

If you are a first-time DUI offender in the state of Illinois, you will face a Class A misdemeanor. Other potential penalties include:

• Drivers license suspended for one year

• Maximum fine of $2,500

A second time offender could lead to more penalties, increasing in number and harshness: 

• Driver license suspended for a minimum of five years

• Maximum fine of $2,500

• Requirement of 5 days in jail or 30 days of community service

If you have three or more offenses, you will face a class 4 felony, potentially consequences such as:

• Drivers license suspended for 6 years

• Maximum fine of $10,000

• Possibility of 3 years of imprisonment

• Mandatory drug treatment

Much like the laws themselves, the penalties for the law violations vary greatly depending on each circumstance. For instance, it is likely penalties will increase if there is a passenger in the vehicle under the age of 16. Another example in which penalties may worsen for the defendant is if the impaired driving caused any harm to others. 

Call An Elgin, IL Criminal Defense Attorney

No matter how “under the influence” is defined, it is a very serious offense. If you have been charged with a DUI of any type, a Kane County criminal defense lawyer can help you. Call The Law Office of Brian J. Mirandola at 847-488-0889 for more information and a free consultation.

Sources: 

https://www.ilga.gov/legislation/ilcs/documents/062500050k11-501.htm

https://norml.org/laws/drugged-driving/illinois-drugged-driving/