Driving Under the Influence of Marijuana Defense Attorney in DuPage County, Illinois

Driving under the influence of marijuana is a serious criminal offense in DuPage County, Illinois. While the state allows legal marijuana use for adults over 21, driving while impaired by cannabis remains illegal under 625 ILCS 5/11-501. Law enforcement in cities like Naperville, Wheaton, Downers Grove, and Elmhurst actively enforces DUI laws, and those charged with driving under the influence of marijuana face stiff penalties, including license suspension, fines, and possible jail time.

Illinois law treats marijuana DUIs differently from alcohol-related DUIs. Unlike alcohol, which has a clear legal limit of 0.08% blood alcohol concentration (BAC), marijuana impairment is harder to measure. Officers often rely on observations, field sobriety tests, and chemical tests to determine whether a driver is under the influence. However, these methods are not always reliable, and an experienced defense attorney can challenge the validity of the evidence.

At The Law Offices of David L. Freidberg, we defend individuals accused of driving under the influence of marijuana in DuPage County. A conviction can have life-altering consequences, but with the right defense strategy, it may be possible to reduce or dismiss the charges.

Illinois Laws on Driving Under the Influence of Marijuana and Penalties

Under 625 ILCS 5/11-501, a person is guilty of DUI if they operate a vehicle while under the influence of any intoxicating substance that impairs their ability to drive safely. The law applies to marijuana, even if the driver has a valid medical marijuana card or legally purchased cannabis.

For drivers over 21, Illinois allows up to five nanograms of THC per milliliter of blood or 10 nanograms per milliliter of another bodily substance, such as saliva or urine. If a driver exceeds this limit or shows signs of impairment, they can be charged with DUI. For drivers under 21, Illinois has a zero-tolerance policy, meaning any detectable THC in their system can result in a DUI charge.

A first-time marijuana DUI is a Class A misdemeanor, carrying penalties such as:

• Fines up to $2,500
• License suspension of one year
• Mandatory drug education programs
• Possible up to one year in jail

A second offense within five years results in a five-year license suspension and mandatory jail time of at least five days or 240 hours of community service. A third offense becomes a Class 2 felony, with three to seven years in prison, a 10-year license suspension, and fines up to $25,000.

If a marijuana DUI results in bodily harm or death, it becomes aggravated DUI, which carries enhanced felony penalties, including longer prison terms and permanent revocation of driving privileges.

How Marijuana DUI Cases Begin in DuPage County

A marijuana DUI case usually begins with a traffic stop or a roadside checkpoint. Police officers may stop a driver for erratic driving, speeding, or other violations. If an officer suspects impairment, they will conduct a field sobriety test and look for physical signs of marijuana use, such as bloodshot eyes, slow reaction time, or the smell of cannabis.

Unlike alcohol, there is no breathalyzer test for marijuana impairment. Instead, law enforcement relies on blood and urine tests, as well as Drug Recognition Experts (DREs), who conduct evaluations to determine impairment. However, THC can remain in the body for days or even weeks after use, leading to false positives where a driver is charged despite not being impaired at the time of the stop.

Once arrested, the driver is taken into custody and must appear in court for an initial hearing. The prosecution will use chemical test results, officer observations, and any statements made by the driver to build their case.

The Criminal Case Process for a Marijuana DUI in Illinois

After an arrest, the accused must go through the Illinois criminal court system. The first step is arraignment, where the defendant hears the charges and enters a plea of guilty or not guilty. If a not guilty plea is entered, the case moves to pre-trial motions, where attorneys argue over evidence admissibility.

One of the most important stages in a marijuana DUI case is discovery, where the defense attorney obtains police reports, dashcam footage, and chemical test results. If there are inconsistencies or errors in how evidence was collected, the defense can file motions to suppress the evidence.

The case may then proceed to trial, where the prosecution must prove beyond a reasonable doubt that the defendant was impaired at the time of driving. If convicted, sentencing will depend on prior offenses, the severity of the impairment, and any aggravating factors.

Evidence Used by Law Enforcement in Marijuana DUI Cases

Prosecutors rely on several types of evidence to prove marijuana impairment, including:

• Officer observations of erratic driving, slow response times, and physical signs of intoxication
• Field sobriety tests, such as walking in a straight line or following a light with the eyes
• Blood or urine tests showing THC levels above the legal limit
• Statements made by the driver admitting to marijuana use
• Witness testimony from passengers or others who observed the driver before the stop

However, this evidence is not always reliable. Field sobriety tests can be affected by medical conditions or nervousness, and THC tests do not always reflect actual impairment at the time of driving. A defense attorney can challenge these methods and expose flaws in the prosecution’s case.

Defenses to Marijuana DUI Charges

Several defenses may be used to fight a marijuana DUI charge, depending on the circumstances. If law enforcement conducted an illegal stop without probable cause, the case may be dismissed. If the chemical test was administered improperly, or if the THC levels were due to prior marijuana use rather than impairment, this may serve as a strong defense.

Other possible defenses include challenging officer testimony, proving that the field sobriety test was unfair, or demonstrating that medical conditions affected test results. A skilled attorney will carefully examine the case to identify the best defense strategy.

Why Hiring a Marijuana DUI Defense Attorney Is Essential

Fighting a marijuana DUI charge without legal representation is a mistake. The criminal justice system is complex, and prosecutors will use every piece of evidence available to secure a conviction. An experienced defense attorney can:

• Challenge faulty evidence and questionable chemical test results
• File motions to suppress illegally obtained evidence
• Negotiate for reduced charges or alternative sentencing, such as drug education programs
• Represent the defendant in trial, presenting a strong case against the prosecution

A conviction can result in job loss, financial strain, and permanent damage to a person’s record. Legal representation gives defendants the best chance of securing a favorable outcome.

Why The Law Offices of David L. Freidberg Is the Right Choice

When facing a marijuana DUI charge, having an experienced attorney on your side can make all the difference. At The Law Offices of David L. Freidberg, we have defended countless individuals accused of DUI offenses in DuPage County and throughout Illinois. Our firm is committed to protecting the rights of our clients and fighting for the best possible outcome in every case.

Our legal team offers 24/7 availability, aggressive representation, and decades of experience in DUI defense. We understand the science behind marijuana impairment cases and use every legal strategy available to challenge the prosecution’s case.

Call Now for a Free Consultation

If you or a loved one has been charged with Driving Under the Influence of Marijuana in DuPage County, it is crucial to act quickly. 

If you have been charged with driving high on marijuana in DuPage County, do not face the legal system alone. The Law Offices of David L. Freidberg provides aggressive legal representation for those accused of a driving while intoxicated on marijuana 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.