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

Marijuana DUI with a Minor in the Vehicle Defense Lawyer in DuPage County, Illinois

DuPage County, Illinois, is known for its thriving communities, excellent schools, and proximity to Chicago. Towns like Naperville, Wheaton, and Downers Grove provide a safe and welcoming environment for families. However, as in any busy county, legal challenges arise, and DUI charges—especially those involving marijuana and minor passengers—are taken very seriously. Being accused of driving under the influence of marijuana with a child in the vehicle is one of the most severe DUI-related offenses under Illinois law, carrying strict penalties that can impact your freedom, reputation, and parental rights.

The Law Offices of David L. Freidberg understands the complexity of these cases and provides aggressive legal defense to individuals charged with marijuana-related DUIs in DuPage County. With significant experience in DUI defense, we fight to protect our clients from the harsh consequences of a conviction.

Understanding Illinois Marijuana DUI Laws with a Minor in the Vehicle

Illinois has strict laws regulating marijuana consumption and driving. While cannabis is legal for recreational and medicinal use, 625 ILCS 5/11-501 makes it illegal to operate a vehicle while impaired by marijuana. 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.

The situation becomes significantly more serious when a minor child is present in the vehicle at the time of the offense. Under 625 ILCS 5/11-501(c-3), a marijuana DUI with a child under the age of 16 in the car can result in enhanced penalties, including mandatory jail time and increased fines.

A first offense involving a minor passenger is classified as an aggravated DUI, a Class A misdemeanor, with penalties that include mandatory 6 months of jail time, fines up to $2,500, and a minimum of 25 days of community service. If the DUI results in bodily harm to the minor, the charge becomes a Class 4 felony, punishable by 1 to 3 years in prisonand fines up to $25,000. A second offense with a minor in the vehicle is a Class 2 felony, carrying 3 to 7 years in prison.

How a Marijuana DUI Case Begins and the Criminal Investigation Process

A marijuana DUI arrest often begins with a routine traffic stop or an accident investigation. Law enforcement officers in DuPage County are trained to look for signs of impairment, including erratic driving, slow reaction times, and the odor of cannabis. If an officer suspects impairment, they may conduct field sobriety tests or request a THC saliva or blood test.

The legal process starts with the initial stop and any evidence collected at the scene. If an officer believes there is enough probable cause to make an arrest, the driver will be taken into custody and processed at the local police station. Chemical testing is typically performed within two hours of the stop, as THC levels in the blood drop quickly, making timing a critical factor in these cases.

Once charges are filed, the case moves into the court system, beginning with an arraignment where the defendant enters a plea. The prosecution will rely on chemical test results, officer observations, and any witness testimony to prove impairment. The defense will examine the legality of the stop, the reliability of the tests, and whether law enforcement followed proper procedures.

Why You Need an Attorney for a Marijuana DUI with a Minor in the Vehicle

The penalties for this offense are severe, and a conviction can have long-term consequences, including loss of driving privileges, increased insurance rates, and potential custody or parental rights issues. A strong legal defense can make a significant difference in reducing or dismissing the charges.

Call the Law Offices of David L. Freidberg for Aggressive DUI Defense

If you are facing marijuana DUI charges in DuPage County, time is critical. The prosecution is already building a case against you, and you need an attorney who will fight for your rights. The Law Offices of David L. Freidberg has decades of experience defending clients against serious criminal charges, including DUI and hit-and-run cases.

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