Marijuana DUI Defense Attorney in Cook County, Illinois

Defending Marijuana DUI Charges in Cook County, Illinois

In Cook County, Illinois, marijuana-related DUI charges have become increasingly common since the state legalized recreational cannabis use. While adults can legally purchase and consume cannabis, it remains unlawful to operate a vehicle while under the influence. Law enforcement officers aggressively pursue these cases, often using subjective observations and flawed chemical testing as evidence.

Under 625 ILCS 5/11-501, it is illegal to drive while impaired by cannabis. The law sets a per se limit of 5 nanograms or more per milliliter of whole blood or 10 nanograms or more per milliliter of another bodily substance within two hours of driving. However, the presence of THC alone is not always sufficient to prove impairment. Prosecutors must establish that a driver’s ability to operate the vehicle was actually compromised due to cannabis use.

A marijuana DUI conviction in Illinois carries serious penalties, including fines, potential jail time, and license suspension. If aggravating factors are present—such as a minor passenger or an accident causing injury—the charge may be elevated to a felony with even harsher consequences.

The Legal Process After a Marijuana DUI Arrest

After a marijuana DUI arrest, the defendant will typically be taken into custody, where they may be subjected to further chemical testing. The results of these tests, along with any field sobriety test observations, are used to determine whether charges will be filed. The defendant will then appear in court for an arraignment, where they enter a plea of guilty or not guilty.

If the case proceeds, the prosecution and defense engage in the discovery process, during which evidence is exchanged. This stage is critical, as it allows defense attorneys to identify weaknesses in the prosecution’s case. If necessary, the case may go to trial, where the burden falls on the state to prove impairment beyond a reasonable doubt.

Common Types of Evidence Used in Marijuana DUI Cases

Unlike alcohol, where breathalyzers provide immediate results, testing for cannabis impairment is far more complex. Law enforcement relies on various forms of evidence, including:

Blood and urine test results
Officer observations of impairment
Field sobriety test performance
Dashcam or body-worn camera footage
Eyewitness testimony

However, these forms of evidence are not always reliable. Chemical tests for THC can detect cannabis long after the effects have worn off, and field sobriety tests are subjective. Many cases hinge on an officer’s interpretation of a driver’s behavior, which can be challenged in court.

Potential Defenses Against a Marijuana DUI Charge

A strong defense strategy can make a significant difference in a marijuana DUI case. Some common defenses include:

Challenging the traffic stop: If the stop was unlawful or lacked reasonable suspicion, the charges may be dismissed.
Questioning the accuracy of THC testing: Chemical tests do not measure active impairment, only THC presence.
Arguing lack of impairment: The defense may present expert testimony showing that THC levels do not correlate with impairment.
Highlighting officer error: Police officers often misinterpret signs of impairment, such as fatigue or medical conditions.

The Role of a Criminal Defense Attorney

Defending a marijuana DUI charge requires in-depth knowledge of Illinois law and experience handling complex DUI cases. A skilled attorney can:

Scrutinize the prosecution’s evidence
File motions to suppress unlawfully obtained evidence
Negotiate reduced charges or alternative sentencing
Represent the defendant in court to seek an acquittal

Without an attorney, defendants risk severe penalties, including jail time, high fines, and long-term damage to their record. An experienced defense lawyer increases the chances of a favorable outcome.

Why Choosing the Right DUI Defense Attorney Matters

Not all attorneys have the same level of skill and experience when it comes to defending marijuana DUI cases. When selecting legal representation, defendants should seek an attorney with a strong track record in DUI defense, deep knowledge of Illinois DUI laws, and the ability to aggressively challenge flawed evidence.

Legal Representation for Marijuana DUI Charges in Cook County

If you have been charged with a marijuana DUI in Cook County, the Law Offices of David L. Freidberg is prepared to fight for your rights. With years of experience handling DUI cases, our firm knows how to challenge the prosecution’s evidence and build a strong defense strategy.

Call The Law Offices of David L. Freidberg for DUI Defense in Cook County

If you or a loved one has been charged with a marijuana DUI in Cook County, Illinois, do not wait to seek legal help. The Law Offices of David L. Freidberg provides aggressive and knowledgeable defense representation for individuals facing serious criminal charges.

A DUI charge in Cook County can have long-term consequences that extend beyond the courtroom. The Law Offices of David L. Freidberg provides aggressive and knowledgeable legal representation for individuals facing DUI charges. Our team is committed to protecting our clients’ rights and minimizing the impact of a DUI on their lives.

If you are facing DUI charges in Cook County or anywhere in Chicago, the right legal representation can make all the difference. The Law Offices of David L. Freidberg provides aggressive legal representation for those accused of drunk driving in Cook County and throughout Illinois. We offer free consultations 24/7 to discuss your case and legal options. Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for dedicated defense in DuPage County, Cook County, Will County, Lake County, and the greater Chicago area.