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Fighting a Marijuana-Related DUI Charge 

Posted on in DUI Drugs

Fighting a Marijuana-Related DUI Charge With the recent legalization of recreational marijuana in Illinois, law enforcement officials throughout the state have increased concern over drugged driving. According to a study conducted by the American Automobile Association, approximately 14 million Americans admitted to driving while under the influence of marijuana in the past month. The concern from law enforcement is based on the fact that marijuana use can decrease reaction time and doubles the likelihood of a collision. Recognizing this concern, Illinois established a DUI Cannabis Task Force to take a deeper dive into drugged driving throughout the state. Still, the testing for marijuana use is somewhat controversial as it pertains to DUI charges. If you have been charged with driving under the influence, it is time to speak with an attorney. 

The Arrest Process and Chemical Testing 

In order for a DUI traffic stop to be warranted, a police officer must witness the driver violate Illinois traffic laws in some form or fashion. When the police officer begins speaking with the driver, they will immediately look for signs of inebriation. Signs of inebriation related to marijuana use include bloodshot eyes, drowsiness, and delayed reaction time. If the officer smells marijuana or believes that the driver is under the influence of marijuana, the officer will likely ask the driver to take part in field sobriety testing. If through testing the officer concludes that the driver is likely impaired, they will arrest the driver and bring them to the local police station. 

Once at the police station, the driver will be asked to submit to chemical testing. The most common forms of chemical testing in marijuana cases include blood, breath, and urine tests. While the refusal to take part in chemical testing is an administrative offense that will result in an automatic one-year license revocation period, the refusal does not constitute a criminal offense. A person will fail chemical testing if the test comes back positive for more than 5 milligrams of THC per milliliter of blood. 

What Your Attorney Can Do 

If you have been charged with driving under the influence of marijuana, your attorney will begin to examine the traffic stop, the arrest process, and the testing procedures. If you were pulled over but no traffic violation was cited, all evidence secured after the traffic stop may be deemed inadmissible in court. If a police officer threatens criminal charges to a driver that refuses criminal testing, the test results may also be thrown out in court. It should also be noted that only a certified health professional can administer a blood test. If a law enforcement officer attempts to administer the blood test prior to the arrival of a health professional, their actions will be viewed as negligent. 

Contact an Oak Brook DUI Defense Attorney 

At McMahon Law Offices, our top priority is helping our clients avoid a conviction. With that in mind, we will examine every step of the arrest process and seek out missteps or egregious negligence displayed by the acting law enforcement officials. A DUI conviction can drastically impact a person’s life, and you deserve quality legal representation. To schedule a complimentary consultation with a DuPage County criminal defense attorney, call us today at 630-953-4400. 




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