Lake County Marijuana DUI with a Minor in the Vehicle Defense Lawyer

Lake County, Illinois, is known for its vibrant communities, picturesque landscapes, and its proximity to Chicago. However, just like anywhere else in Illinois, law enforcement in Lake County strictly enforces DUI laws, especially those involving marijuana and minors in a vehicle. Facing charges for driving under the influence of cannabis while a minor is present can lead to severe consequences, including felony charges, license suspension, and a permanent mark on your criminal record. Understanding Illinois DUI laws, the legal process, and available defenses is crucial to protecting your rights.

Illinois Laws on Marijuana DUI with a Minor in the Vehicle

Illinois law prohibits operating a vehicle while impaired by cannabis, even though recreational marijuana is legal for adults. Under 625 ILCS 5/11-501, a person commits a DUI if they drive with THC concentration above the legal limit or if their ability to operate a vehicle is impaired. When a minor is in the vehicle, penalties increase significantly.

A first-time offense for DUI with a passenger under 16 is an aggravated DUI, which is classified as a Class 4 felony under 625 ILCS 5/11-501(d)(1)(J). Penalties may include a one-year mandatory driver’s license suspension, a fine of up to $2,500, and a mandatory 25-day community service requirement in a program benefiting children. If the child is injured, the charge escalates to a Class 2 felony, carrying a potential three-to-seven-year prison sentence and fines of up to $25,000.

Subsequent offenses carry even harsher penalties. A second DUI with a minor in the vehicle is considered a Class 2 felony under 625 ILCS 5/11-501(d)(2), which may result in a mandatory minimum of 10 days in jail or 480 hours of community service. Additionally, the offender must install a breath alcohol ignition interlock device (BAIID) to regain driving privileges.

How DUI Cases Begin and the Investigation Process

A DUI case typically begins with a traffic stop initiated by law enforcement. Officers may pull a driver over for erratic driving, failure to obey traffic laws, or another suspected violation. If an officer detects the smell of cannabis, notices bloodshot eyes, delayed reaction times, or other signs of impairment, they may initiate a DUI investigation.

During the investigation, the officer may request field sobriety tests, such as the horizontal gaze nystagmus test, the walk-and-turn test, or the one-leg stand test. While these tests are subjective, officers use them to establish probable cause for an arrest. Law enforcement may also administer chemical tests, including breath, blood, or urine tests, to determine THC concentration levels. In Illinois, per se marijuana impairment is defined as 5 nanograms or more of THC per milliliter of blood or 10 nanograms or more per milliliter of another bodily substance under 625 ILCS 5/11-501.2.

If law enforcement believes impairment is present, they will arrest the driver and transport them to the police station for further testing. The driver will be processed, booked, and, depending on the circumstances, may be released or held in custody until bail is set.

Criminal Trial Process in Illinois for DUI Cases

After an arrest, the criminal process begins with a bond hearing, where the court determines whether the defendant can be released and under what conditions. A preliminary hearing follows, during which the prosecution presents evidence to establish probable cause. If probable cause is found, the case proceeds to trial.

During trial, the prosecution must prove beyond a reasonable doubt that the defendant was operating the vehicle while impaired by cannabis and that a minor was present. Evidence may include officer testimony, field sobriety test results, chemical test results, and dashcam or body camera footage. The defense may present counterarguments, such as challenging the reliability of the tests or the legality of the traffic stop.

If convicted, sentencing occurs, and the court imposes penalties based on the severity of the offense. If acquitted, the case is dismissed, and the defendant avoids criminal penalties.

Evidence Collected by Law Enforcement in DUI Cases

In a marijuana DUI case, law enforcement collects various forms of evidence to support their charges. Officer observations are crucial, as they document the driver’s behavior, physical appearance, and performance on field sobriety tests. Video footage from police dashcams and body cameras may also serve as evidence, showing the driver’s demeanor and interactions with officers.

Chemical test results are another key component. Blood, breath, or urine tests measure THC concentration, but these results are not always conclusive. THC can remain in the body for days or even weeks after consumption, leading to inaccurate impairment determinations.

Additionally, officers may collect witness statements, including those from passengers or bystanders who observed the driver’s behavior. If a minor was in the vehicle, the prosecution may use child endangerment statutes to strengthen their case.

Why Having a DUI Defense Attorney is Crucial

DUI cases, especially those involving minors, carry severe penalties that can impact every aspect of life. An experienced attorney understands Illinois DUI laws, the court system, and the weaknesses in the prosecution’s case. Legal representation can mean the difference between a conviction and a reduced charge or dismissal.

An attorney examines the validity of the traffic stop, the administration of field sobriety tests, and the accuracy of chemical tests. If procedural errors occurred, the attorney may challenge the evidence and file motions to suppress unlawfully obtained information.

A lawyer also negotiates with prosecutors for plea deals, seeking reduced charges or alternative sentencing options. This can help clients avoid lengthy jail time and minimize the impact of a conviction on their record.

Legal Defenses to a Marijuana DUI with a Minor in the Vehicle

Several defenses may apply in a marijuana DUI case. One common defense is challenging the traffic stop. If the officer lacked probable cause to stop the vehicle, any evidence collected may be inadmissible in court.

Another defense involves disputing the accuracy of chemical tests. THC levels do not always correlate with impairment, and testing procedures may be flawed. Field sobriety tests are also unreliable, as factors such as fatigue, medical conditions, and nervousness can affect performance.

In cases where a minor was present, an attorney may argue that the defendant was not impaired at the time of driving or that another factor caused the alleged impairment signs observed by officers.

Why Choose The Law Offices of David L. Freidberg

Defendants facing marijuana DUI charges with a minor in the vehicle need strong legal representation. The consequences of a conviction can be life-altering, impacting employment, driving privileges, and personal reputation. Without an attorney, defendants risk severe penalties and a criminal record that follows them for years.

The Law Offices of David L. Freidberg provides aggressive legal representation for those accused of a driving while intoxicated manslaughter in Lake 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.