- Available 24/7: (312) 560-7100 Tap Here to Call Us
Driving While High on Marijuana Hit-and-Run Accident Defense Lawyer in DuPage County, Illinois
DuPage County, located just west of Chicago, is one of the most populous and economically active counties in Illinois. It is home to bustling suburbs, commercial centers, and major roadways, including I-88 and I-355, which see thousands of commuters and travelers each day. With the legalization of recreational marijuana in Illinois, law enforcement agencies in DuPage County have increased their efforts to crack down on impaired driving, particularly cases involving marijuana. If an accident occurs and a driver is suspected of being under the influence of cannabis, the situation becomes even more serious. When a driver leaves the scene of an accident, law enforcement treats it as a hit-and-run, escalating the charges and potential penalties.
Being charged with driving while high on marijuana in a hit-and-run accident is a serious legal matter. Illinois laws are strict when it comes to DUI offenses, and when a driver is accused of fleeing the scene, the consequences can be life-changing. A conviction can result in hefty fines, driver’s license suspension, and even prison time. The Law Offices of David L. Freidberg represents individuals in DuPage County and surrounding areas facing charges for DUI-related hit-and-run accidents. We understand the complexities of Illinois DUI laws and are prepared to defend your rights aggressively.
Illinois DUI and Hit-and-Run Laws
Illinois law prohibits driving under the influence of alcohol, marijuana, or any controlled substance. Under 625 ILCS 5/11-501, a person commits a DUI if they operate a vehicle with a THC concentration of 5 nanograms or more per milliliter of blood or 10 nanograms or more per milliliter of another bodily substance within two hours of driving. Even if a driver does not exceed this limit, law enforcement may still charge them with a DUI if they appear impaired due to marijuana consumption.
Leaving the scene of an accident is a separate crime under 625 ILCS 5/11-401, commonly referred to as Illinois’ hit-and-run statute. This law states that any driver involved in an accident resulting in injury, death, or property damage must remain at the scene, provide their information, and assist anyone who may need medical help. Failing to do so can result in felony charges, especially if the accident caused injuries or death.
Illinois categorizes DUI and hit-and-run offenses based on the severity of the incident:
A first-time DUI offense without aggravating factors is generally charged as a Class A misdemeanor, punishable by up to one year in jail and fines up to $2,500. However, if the DUI results in bodily harm or death, the charge is elevated to a Class 2 felony, which carries a prison sentence of 3 to 14 years for one death and 6 to 28 years for multiple fatalities.
A hit-and-run involving property damage is typically a Class A misdemeanor, while a hit-and-run involving bodily injury can be charged as a Class 4 felony, carrying a prison sentence of one to three years and fines up to $25,000. If a hit-and-run results in a fatality, it can be prosecuted as a Class 1 felony, which carries a prison sentence of 4 to 15 years.
A conviction for either offense can lead to a permanent criminal record, loss of driving privileges, and increased insurance rates. These severe consequences make it crucial for individuals facing such charges to seek immediate legal representation.
How DUI and Hit-and-Run Investigations Begin
Law enforcement agencies in DuPage County take DUI and hit-and-run cases seriously. When an accident occurs, police officers investigate the scene, looking for signs of impairment, such as the smell of marijuana, bloodshot eyes, or erratic behavior. If a driver has fled the scene, officers may review surveillance footage, collect witness statements, and analyze forensic evidence to identify the suspect.
If law enforcement suspects marijuana impairment, they may conduct field sobriety tests and request a blood or urine sample. Unlike alcohol, which can be measured through a breathalyzer, detecting THC impairment is more complex. Marijuana can remain in a person’s system for days or weeks, making it difficult to determine if a driver was actively impaired at the time of the accident. This uncertainty creates opportunities for an experienced defense attorney to challenge the prosecution’s evidence.
Once an arrest is made, the defendant will be taken into custody and booked. They may be required to post bail before being released. The next step is the arraignment, where the defendant will enter a plea. This marks the beginning of the legal battle, where an attorney can intervene to protect the defendant’s rights.
Defending Against DUI and Hit-and-Run Charges
A strong defense in a DUI hit-and-run case depends on analyzing the prosecution’s evidence and identifying weaknesses in their argument. There are several possible defenses that can be used to challenge the charges.
A key defense in marijuana-related DUI cases is disputing the claim that the defendant was impaired at the time of driving. THC levels in the bloodstream do not always correlate with impairment, as marijuana can remain in a person’s system long after its effects have worn off. Scientific studies have shown that a person can test above Illinois’ legal THC limit without exhibiting signs of impairment. If the prosecution’s case relies solely on THC blood levels, an attorney may argue that the test results do not prove actual impairment.
For hit-and-run charges, the defense may challenge the claim that the defendant intentionally fled the scene. In some cases, a driver may not have realized that an accident occurred, particularly if it involved minor damage. Additionally, a person who left the scene due to panic or fear for their safety may have a valid defense.
The defense can also scrutinize the police investigation to determine whether officers followed proper procedures. If the arresting officers failed to inform the defendant of their rights, coerced a confession, or conducted an unlawful search, the defense may move to have key evidence suppressed.
Why You Need a Criminal Defense Attorney
Being accused of a DUI hit-and-run in DuPage County is a serious legal matter that requires skilled representation. Without an attorney, defendants risk facing severe penalties that can impact their personal and professional lives. An attorney provides several critical benefits, including:
- Examining the evidence and identifying weaknesses in the prosecution’s case
- Challenging the validity of field sobriety tests and blood test results
- Negotiating with prosecutors to reduce or dismiss charges
- Presenting mitigating factors that could lead to alternative sentencing options
A DUI hit-and-run conviction can have life-altering consequences, including a permanent criminal record, loss of employment opportunities, and financial hardship. Having an experienced attorney by your side ensures that you receive the best possible defense.
Call The Law Offices of David L. Freidberg Today
If you have been charged with driving while high on marijuana in a hit-and-run accident in DuPage County, Illinois, the stakes could not be higher. You need a defense attorney who understands Illinois DUI and hit-and-run laws and can fight to protect your rights. The Law Offices of David L. Freidberg has decades of experience defending individuals against serious criminal charges.
Our team is available 24/7 to provide a free consultation and evaluate your case.
The Law Offices of David L. Freidberg provides aggressive legal representation for those accused of a driving while intoxicated manslaughter in DuPage 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.