Fighting a Marijuana DUI Charge in Illinois

 Posted on September 21, 2017 in Criminal Law

While most drivers know that it is both illegal and potentially dangerous to drive while under the influence of drugs or alcohol, they also tend to assume that only the guilty are convicted of such crimes. Unfortunately, this is not always the case. In fact, countless individuals – many of them registered medical marijuana patients – have been wrongly convicted of driving while under the influence of marijuana. Some of them remain imprisoned, still today. The following explains why and how and why this is happening, and it explains how an experienced criminal defense lawyer can help with your case.

Illinois' Marijuana Legal Limit

THC, the psychoactive ingredient in marijuana, stores itself in the fat cells of the body, which is why it can be detected in a person's blood and saliva far longer than other drugs. Prior to last year, this well-known fact was not considered in marijuana-related DUI cases. Instead, patients could be charged with a DUI, even if they only had a trace amount of THC in their system. Then the state finally implemented legal limits for THC (5ng in the blood and 10ng in saliva). Sadly, this change – although capable of reducing the number of wrongfully convicted medical marijuana patients – may still fall short of protecting every at-risk patient.

Faulty Science Being Used to Convict

The problem with marijuana DUIs in Illinois is not that the state is trying to reduce the number of crashes. Instead, it is the faulty science that law enforcement is using to convict individuals of drugged driving. Science shows that THC is not just stored in the body differently than another drug; the way it is metabolized is unique as well. THC leeches out of the body, slowly, over time, until the next use. Regular users (which is what most medical patients are) typically have a baseline of THC in their system. Depending on their body chemistry, THC levels may spike and then drop again shortly after use. Alternatively, they may decrease slowly, over time, even long after the intoxicating effects of the drug have worn off.

Fighting Your Marijuana DUI

Faulty science is just one of many defenses that can be used in a marijuana DUI case. Of course, one must have a great deal of knowledge and skill to effectively make this argument. As such, individuals are discouraged from trying to tackle marijuana DUI cases alone. Instead, remember that it is your license, right to use, and possibly even your livelihood on the line. Contact an experienced criminal defense lawyer and obtain the aggressive representation you deserve.

At the Law Offices of Tedone and Morton, P.C., we aggressively pursue the most favorable outcome possible in every case. To learn more about how we can assist with your situation, schedule a personalized consultation with our Joliet marijuana DUI defense lawyers. Call our offices at 815-666-1285 today.

Source:

http://www.npr.org/sections/health-shots/2017/07/30/523004450/scientists-still-seek-a-reliable-dui-test-for-marijuana