We see it all the time: A routine traffic stop turns into a DUI arrest because an officer claims they smell cannabis. Next thing you know, you’re being asked to take a blood or urine test.
Another common scenario is being suspected of drunk driving, but when the police don’t have grounds to arrest you — like if you blow below .08 on a breathalyzer test — they quickly do a 180 and decide you might be high instead.
Marijuana is legal in Illinois, both medicinally and recreationally, but that doesn’t mean you can light up in your car or get behind the wheel if you’ve got too much in your system.
Tens of thousands of Illinois drivers are arrested for suspicion of driving under the influence every year. Many of these drivers are innocent or their charges can be mitigated to minimize the potential consequences. If you’ve been charged with a cannabis DUI, our Illinois marijuana attorneys can help you get the best outcome based on your needs and priorities.
We understand a DUI can be overwhelming. We know because we’ve helped thousands of people get through the same situation you’re in now. We’re Illinois’ highest-rated DUI law firm, so there’s no doubt that if you want the best result, Driver Defense Team is right for you.
Like an alcohol-based DUI, a cannabis DUI is subject to a legal limit.
In Illinois, the legal limit of THC within a driver’s system is five nanograms per milliliter (ng/mL) in whole blood or 10 nanograms of THC per milliliter of another bodily substance, such as urine.
The police determine if you are above the legal limit through a blood, saliva, or urine test upon arrest.
You can also get a DUI if you show signs of impairment, such as a heightened pulse, dilated pupils, the odor of marijuana, and short-term memory loss.
The penalties for a cannabis DUI are the same as those for an alcohol-based DUI. A first-offense cannabis DUI is typically charged as a Class A misdemeanor, which carries up to:
A conviction will also require you to complete a DUI evaluation, risk education classes, and, potentially, treatment.
However, first offenders may be eligible for court supervision. This is an alternative sentence that allows you to avoid a conviction if you meet the court’s requirements.
In some circumstances, a marijuana DUI can also be charged as an aggravated DUI, which is a felony offense carrying harsher penalties.
After being charged with a cannabis DUI, your license may also be suspended. If you agree to chemical testing and fail, your license will be suspended for six months. If you refuse, your license will be suspended for 12 months.
This penalty occurs on the 46th day after your arrest, so while you don’t need to worry about being unable to drive straight away, it’s still important to take action quickly. You have 90 days after you receive your notice of suspension to request a hearing to challenge your suspension, but the longer you wait, the more you risk your suspension automatically kicking in. Our marijuana DUI attorneys can challenge your suspension so you can continue to drive.
This penalty, called a statutory summary suspension, is administrative and separate from your cannabis DUI charge.
There are many defenses to a cannabis DUI.
The first is challenging the positive reading of THC in your system if you agree to chemical testing.
Intoxication from marijuana peaks about 13 minutes after use and stays intense for only about 45 minutes, but THC can be detected in a user’s blood and urine weeks later. Frequent cannabis consumers will always have some amount of THC in their blood, whether or not they are high, which can lead to unreliable readings.
Ultimately, there is no genuinely accurate way to measure a driver’s marijuana impairment level.
Other ways we can challenge a marijuana DUI include challenging the traffic stop. If there was no legal basis to stop you in the first place, the DUI may be thrown out.
The best defense for you depends entirely on why you were pulled over and what happened during the stop and after you were arrested. We will get all the evidence related to your case and scrutinize every detail for inconsistencies, technical errors, and procedural issues.
We’ve successfully defended thousands of cases, from minor violations to serious felony offenses. This experience means we know which defenses work, which prosecutors and judges we’re working with, and how to deal with the challenges that driving cases present.
Every case is different, which is why we develop a customized defense strategy for each client. We call this your GamePlan — a comprehensive approach tailored to your specific circumstances and goals.
Your GamePlan starts with understanding your case, what’s important to you, and what outcomes are achievable. We then craft a winning strategy combining the available evidence with our proven techniques and decades of experience. Finally, we put that plan into action, adapting as needed based on new developments in your case.
We’ve built our reputation as the best DUI lawyers in Chicagoland by getting results. Our clients consistently give us five-star reviews because we fight for the best possible outcomes.
Our dedicated DUI team is behind you, using our insider insight and 114+ years of experience on both sides of the courtroom.
Facing a charge is overwhelming, which is why our support goes beyond representing you in court. Our multilingual team (English, Spanish, and Polish) will tell you what to expect at each stage, prepare for hearings and court appearances, and connect you with resources to strengthen your case.
You’ll also have a dedicated case manager whose job is to keep you up to date on developments in your case so you never feel lost or unsure about what’s going on.
Whether you’ve been charged with a DUI, you’ve received a ticket for the first time, or you’ve been hurt in an accident that wasn’t your fault, you might be losing sleep over going to court, worrying about the process, or panicking over losing your job or license or having a criminal record. On top of that, you likely have a ton of questions you need answers to.
From the very beginning, we never wanted to be another firm that makes it hard for a client to get hold of their attorney. So, we built an entire system and processes to make sure you can get the answers you need and the best outcome for your case.
That system is the Driver Defense PlayBook — a nine-step process followed by every traffic attorney, case manager, and legal assistant that allows us to consistently achieve wins for our clients and five-star reviews of our service.
Every case begins with a personal consultation to understand the specifics of your case and your needs. Knowing your unique situation sets the foundation for a tailored strategy.
Our team will review the charges and the available evidence, pinpointing the strengths and weaknesses in your case. We identify these early, so we’re prepared for every possible setback.
We’ve developed a process and checklist based on analyzing thousands of cases. We’ll use this to assess the evidence and ensure no detail is overlooked. If there are inconsistencies or weaknesses we can exploit, we’ll find them.
You deserve to be actively involved in your defense and have the confidence and knowledge to make informed decisions. We’ll ensure you’re fully aware of the legal process, what to expect, your rights, and the potential outcomes. You are always in charge.
When you hire Driver Defense Team, you don’t just get one attorney working on your case — you get the entire team. Together, we craft a robust defense strategy and explore all avenues for achieving the best possible outcome.
This strategy is your GamePlan — a personalized roadmap to get you the right result.
You’re kept up to date every step of the way. You’ll never go two weeks without hearing from your dedicated case manager, and we’ll call you before and after every court appearance so you know what to expect, what happened, and what’s next.
Prep is the key to a successful outcome. And we over-prepare. We’ll gather additional evidence, contact witnesses, and anticipate and counteract every strategy and tactic used by prosecutors. Every case is different, so for one client, we might put together a mitigation packet that shows your character. For another, we might point you in the direction of treatment providers or a licensed drug and alcohol evaluator so you can show the court the proactive steps you’ve taken after a DUI or prove your sobriety. In short, we’ll do everything in our power to secure the best outcome.
We’re in the courtroom every day, so we know how to put on a strong case. We provide assertive and strategic representation aimed at securing a favorable verdict — sometimes before a hearing can even get underway.
Whatever the outcome, we’ll never just forget about you and move on. We’ll continue to support you with any post-trial needs, including appeals and advice on future legal implications.
From a legal standpoint, there isn’t much difference between an alcohol and marijuana DUI. Both are offenses under the same chapter of the Illinois Vehicle Code (625 ILCS 5/11-501), which governs “driving while under the influence of alcohol, other drug or drugs, an intoxicating compound or compounds or any combination thereof.”
Both are typically charged as Class A misdemeanors for a first offense, carrying up to one year in jail and a fine of up to $2,500. Both can also be elevated to felony DUI charges in aggravating circumstances.
The real differences lie in how impairment is detected and proven. Unlike with alcohol, there is no way to determine cannabis concentration through a breath test. Instead, officers must rely on blood or urine tests, which measure THC levels. This in itself creates opportunities to defend a marijuana DUI, as THC can stay in the body long after its effects have worn off.
Having a valid medical marijuana card doesn’t protect you from a cannabis DUI charge, but it can provide you with an affirmative defense where test results are concerned. That’s because medical users who use cannabis regularly for a health condition typically have higher baseline levels of THC in their system. Combine this with the fact that THC from a previous day’s medication can still be detectable in your body, and it’s common for medical marijuana cardholders to test positive for high levels of THC.
This can work in your favor. We can argue that the test results don’t reflect that you were impaired when you were driving. This will often be the focus of the prosecution’s case. Rather than concentrating on how much THC was in your blood, the state will focus on your driving behavior and the way you acted during the stop. They will often do this by relying heavily on the police officer’s observations of you, but fortunately, we can challenge an officer’s testimony during cross-examination to introduce reasonable doubt.
If you’re a medical marijuana patient facing a cannabis DUI in Illinois, make sure your attorney knows about your registration and usage.
One of the biggest frustrations when it comes to cannabis DUIs is that THC can be detectable in your blood and urine days or even weeks after use. Put simply, this means, yes, you can be arrested for DUI even if it’s been several days since you last used marijuana.
You could be completely sober yet get pulled over for a minor violation and find yourself sitting in police custody because the officer believed your bloodshot eyes meant you were drunk or high, rather than just tired.
However, this is why cannabis DUI cases are so defensible. Test results don’t measure impairment. All they show is that you have used marijuana recently, which might have been a day or several days ago.
We will consider all evidence against you when building your defense. We’ll look at the traffic stop itself to determine whether it was lawful, and determine if there is evidence indicating you were impaired (and if there is, whether there is another, logical reason to explain it).
Your winning defense strategy
We devise every defense strategy based on our battle-tested PlayBook of winning tactics, developed from our 114+ years of collective experience and analysis of over 5,000 winning cases for driving offenses.
We use this to develop your custom GamePlan, which is delivered in three parts.
Briefing. Development. Execution.
The result? No cookie-cutter or copy-and-pasted strategies, but a roadmap tailored to you — and only you.
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