Oak Brook criminal lawyers

Call Us630-953-4400

Available 24/7

Driving after Using Marijuana vs. Driving after Drinking Alcohol

Posted on in DUI Defense

Illinois DUI lawyerHaving a fun night out with family and friends is a good way to spend any day. Unfortunately, there are many situations when that same fun night may end up in one behind bars. Nobody wants to go to jail for something they could have easily prevented, such as getting behind the wheel after drinking or using medical marijuana. However, there is a huge difference between driving after drinking alcohol and driving after using medical marijuana.

What Are the Legal Blood Limits for Alcohol?

When a driver is caught drinking and driving, he or she will most likely go through a breathalyzer test to determine how much alcohol is in the blood. The blood alcohol content (BAC) is based on the percentage of alcohol in the person’s bloodstream. The legal blood alcohol content is 0.08, but anyone with a BAC of 0.05 and 0.08 may be convicted of a DUI if there is further evidence shown that the driver was greatly impaired while behind the wheel.

What Are the Legal Blood Limits for Medical Marijuana?

To legally drive in the State of Illinois, people with certain medical problems may use cannabis but must register with the Illinois Department of Public Health and obtain a certification in writing from a licensed Illinois medical doctor. According to the AAA Foundations for Traffic Safety, drivers can have a very low level of tetrahydrocannabinol (THC, found in marijuana) in their blood and cause a huge problem behind the wheel, but others that have a much higher level of THC may not pose a hazard. This should not encourage drivers to use marijuana and drive soon afterward, as serious complications may arise if caught.

Marijuana is not metabolized in a person’s body like alcohol. Even though it is easy to determine how much alcohol is in the blood, there are laws that forbid any marijuana in the blood, but there has been a possible decriminalization bill considered that Illinois would raise the level to five nanograms per milliliter of marijuana in the person’s blood.

Contact a DuPage County DUI Defense Attorney

Nobody wants to spend a night behind bars because of driving under the influence. If you or a loved one has been convicted of a DUI, you do not have to fight this legal battle alone. McMahon Law Offices will always be on your side, and our Oakbrook Terrace DUI defense lawyers have won over thousands of DUI defense cases. To schedule your free initial consultation, please call 630-953-4400 to get the assistance you deserve.





DuPage County Bar Association Top 100 Illinois State Bar Association AVVO Rating Illinois Prosecutors Bar Association AVVO Reviews
Back to Top