Illinois DUI drug law is different than alcohol-based DUI law in a number of ways, one of which is the burden the prosecution must meet in order to prove their case. Unlike an alcohol-based charge of DUI, which generally requires an individual have a minimum blood alcohol content (BAC) of 0.08 or higher, a DUI drug case only requires that some amount of an intoxicating compound be found in a driver's system. This is done through blood or urine testing which is subject to certain legal thresholds in order to be admissible. Even if the drug was legally prescribed to the driver, the driver can still be found guilty of DUI if it can be shown they were incapable of safely driving. If the drug found in the accused's system was an illegal drug, the prosecution only has to prove that it was in their system.
While Illinois has legalized marijuana, it is still illegal to drive with marijuana in your system. As you may already know, marijuana can be found in an individual's system months after it was last used. If you are facing an allegation of DUI based on the presence of marijuana you may have a defense if you can show you were not impaired at the time of driving.
DUI drug charges can be over-prosecuted and result in unnecessary hardship for the accused. Our office offers free consultations for these offenses and is available 24/7. Call or text us today at (815)315-1933 to discuss your case.