DuPage County Driving While High on Marijuana Hit-and-Run Accident Defense Lawyer

Driving While High on Marijuana Hit-and-Run Accident Defense Attorney in DuPage County, Illinois

DuPage County, located in the western suburbs of Chicago, is one of Illinois’ most populous and affluent areas. With its vibrant communities, strong economy, and extensive road networks, thousands of residents and commuters drive through DuPage County every day. While Illinois has legalized recreational marijuana, it remains illegal to drive while impaired. Law enforcement in DuPage County takes DUI cases involving marijuana seriously, especially when they involve a hit-and-run accident. These cases carry severe legal penalties and long-term consequences, making a strong legal defense critical.

The Law Offices of David L. Freidberg provides aggressive legal defense for individuals accused of driving while high on marijuana and leaving the scene of an accident. Understanding Illinois’ DUI laws and the criminal justice process is essential when facing these serious charges.

Understanding Illinois DUI and Hit-and-Run Laws

Illinois law strictly prohibits operating a vehicle under the influence of marijuana. The state has enacted specific legal limits for THC, the active ingredient in marijuana, under 625 ILCS 5/11-501. A driver is considered impaired if they have five nanograms or more of THC per milliliter of blood or ten nanograms or more per milliliter of another bodily substance such as saliva or urine. However, unlike alcohol-related DUIs, a driver can be charged with a marijuana DUI even if their THC levels are below these limits if law enforcement determines they were impaired.

Hit-and-run accidents, legally referred to as leaving the scene of an accident, are addressed under 625 ILCS 5/11-401and 625 ILCS 5/11-402. A driver involved in an accident must stop and remain at the scene to exchange information and provide assistance if necessary. Failing to do so can result in severe criminal charges, particularly if the accident caused injury or death.

Driving while high on marijuana and leaving the scene of an accident can result in multiple criminal charges, including DUI, reckless driving, and fleeing the scene. The classification of these offenses as misdemeanors or felonies depends on factors such as the extent of property damage, injuries sustained, and whether the driver has prior offenses.

A first-time marijuana DUI without injury is typically charged as a Class A misdemeanor, carrying penalties of up to one year in jail, a $2,500 fine, and a six-month driver’s license suspension. If the incident results in bodily harm or death, the charge is elevated to a Class 4 felony, punishable by one to three years in prison and fines up to $25,000. Leaving the scene of an accident that causes bodily injury is also a Class 4 felony, while a hit-and-run involving death is a Class 2 felony, which carries a mandatory prison sentence of three to fourteen years.

How Criminal Cases Begin and Progress in Illinois

A marijuana-related DUI hit-and-run case typically begins with a traffic stop, an accident investigation, or a witness report. Law enforcement officers may conduct roadside impairment tests, request chemical testing, and review surveillance footage or eyewitness statements. If the driver is identified later, police may issue an arrest warrant based on available evidence.

Once arrested, the defendant is booked and processed, followed by a court appearance for arraignment. The prosecution then builds its case, relying on police reports, toxicology results, and witness testimony. The defense must carefully examine each piece of evidence, looking for procedural errors, violations of constitutional rights, or weaknesses in the prosecution’s claims.

Penalties and Consequences of a Conviction

A conviction for a marijuana DUI hit-and-run in DuPage County carries harsh penalties beyond jail time and fines. The Illinois Secretary of State’s Office can impose an automatic driver’s license suspension, making it difficult to commute to work or meet daily responsibilities. Additionally, a criminal record for a felony DUI or hit-and-run can impact employment opportunities, insurance rates, and professional licensing.

A felony conviction may also result in mandatory community service, probation, drug counseling, or even vehicle forfeiture. Illinois courts take these cases seriously, particularly when accidents result in injuries or fatalities.

The Criminal Trial Defense Process

DUI cases involving marijuana require a different legal strategy than alcohol-related DUIs because marijuana affects each individual differently. Unlike alcohol, which has clearly defined impairment levels, THC can remain in a person’s system for days or even weeks. The defense must challenge the reliability of toxicology tests, the validity of field sobriety tests, and the methods law enforcement used to determine impairment.

If the case goes to trial, the prosecution must prove beyond a reasonable doubt that the defendant was impaired by marijuana at the time of the accident and that their impairment directly contributed to the crash. The defense can challenge the scientific reliability of THC testing, highlight procedural errors in the investigation, or argue that other factors, such as fatigue or distraction, contributed to the accident.

Evidence Law Enforcement Relies On

Law enforcement agencies collect various types of evidence in marijuana DUI hit-and-run cases, including:

• Blood and urine tests to measure THC levels
• Field sobriety tests performed at the scene
• Dashcam or surveillance footage capturing the driver’s behavior
• Witness statements from bystanders or other drivers
• Accident reconstruction reports to determine fault and causation

Each type of evidence has potential weaknesses, and an experienced defense attorney can work to suppress unreliable or improperly collected evidence.

The Benefits of Hiring a Criminal Defense Attorney

Without legal representation, defendants in DUI hit-and-run cases risk severe penalties. A criminal defense attorney can challenge the prosecution’s evidence, negotiate for reduced charges, and work to avoid a conviction. They can also seek alternative sentencing options such as probation, community service, or substance abuse treatment instead of jail time.

A defense attorney can also protect defendants from self-incrimination, ensuring they do not make statements that could be used against them. Having an experienced attorney is crucial at every stage of the case, from pretrial motions to potential plea negotiations or trial.

Potential Legal Defenses

Several legal defenses may be available in a marijuana DUI hit-and-run case, including:

• Challenging the accuracy of chemical testing for THC
• Arguing that the driver was not impaired at the time of the accident
• Asserting that the hit-and-run was due to fear rather than intent to flee
• Demonstrating that another driver or external factor contributed to the crash
• Identifying procedural violations in the traffic stop or arrest

The strength of the defense depends on the specific details of the case, requiring a detailed analysis of the prosecution’s evidence.

Choosing the Right Criminal Defense Attorney

When selecting a DUI defense attorney in DuPage County, it is essential to choose someone with extensive experience in handling marijuana DUI and hit-and-run cases. An attorney should be well-versed in Illinois DUI laws, forensic toxicology, and trial litigation. They should also have a strong track record of success in defending complex criminal cases.

Common Questions About DUI and Hit-and-Run in DuPage County

Individuals facing DUI hit-and-run charges often have questions about potential outcomes, legal options, and how to fight the charges. Common questions include:

• What are the penalties for leaving the scene of an accident in Illinois?
• How long does THC stay in your system for DUI purposes?
• Can a marijuana DUI be reduced to a lesser charge?
• Will a conviction result in a permanent license revocation?
• What defenses are available in a DUI hit-and-run case?

Why You Need Legal Representation

A marijuana DUI hit-and-run charge can have life-altering consequences. Without an attorney, defendants face harsh penalties, permanent criminal records, and significant personal and financial hardship. Hiring a skilled defense attorney ensures that every legal avenue is explored, increasing the chances of a favorable outcome.

Call The Law Offices of David L. Freidberg Today

If you or a loved one has been charged with a marijuana DUI hit-and-run in DuPage County, Illinois, it is critical to act quickly. The Law Offices of David L. Freidberg provides aggressive legal representation and personalized defense strategies to protect your rights. 

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.