How Legalized Marijuana Affects Your Driving Rights in IllinoisHere in the state of Illinois, marijuana will soon be both recreationally and medicinally legal. In other words, people can legally use marijuana products due to the presence of health issues or simply due to their desire for recreational use. While the legality of marijuana has prompted the Illinois State Police to establish a task force designed to look out for signs of marijuana-influenced driving, the legality of marijuana should not change the way DUI stops are handled by police officers. If you are charged with either a drug or DUI charge, it is time to seek out the help of a legal professional. 

Marijuana and DUIs

In Illinois, it is illegal to drive while under the influence of marijuana, whether it is medicinal or recreational marijuana. If you choose to utilize marijuana for medicinal purposes, you will enroll in the Compassionate Use of Medical Cannabis Program. Once you have been enrolled in the program, the department of health will give you a registry card and make a mark on your driving record that you are legally allowed to carry medicinal marijuana. 

Whether you are a medicinal or recreational user of marijuana, you must comply with Illinois state law. Most notably, you are only allowed to transfer marijuana in an odorless and childproof case. If an officer has reason to believe that you may be under the influence of marijuana, they will ask you to submit to either chemical testing or some form of field sobriety test. It is important to understand that it is not illegal for you to refuse to take part in these tests. While refusing after you are arrested will result in a license suspension of 12 months, refusal is an administrative offense, not a criminal charge, and thus will not show up on your criminal record. 

Contact a DuPage County Drug Law Defense Attorney

With changes in marijuana laws throughout the state, it is critical for you to understand your rights. Specifically, an officer cannot force you to take part in chemical or field sobriety testing. If an officer forces you to take part in these tests, a skilled attorney may be able to have the test thrown out as evidence in the case. At McMahon Law Offices, we have witnessed law enforcement officials mislead people into DUI charges. Through a thorough examination of the arrest process, we will do everything in our power to ensure you avoid a conviction. To schedule an initial meeting with a knowledgeable DuPage County drug charge attorney, call us today at 630-953-4400. 

Sources: 

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf