In Illinois, a person can be charged with DUI for having any measurable amount of marijuana in their system.
Illinois has one of the country’s strictest DUI laws with respect to marijuana. In Illinois, marijuana is the second most common chemical, after alcohol, found in the system of persons who are arrested for DUIs. In Illinois, a person can be charged with DUI for having any measurable amount of marijuana in their system. This is different than alcohol-related DUIs in which impairment must be shown. To clarify and frankly, to be repetitive, in Illinois, if a driver tests positive for ANY amount – regardless of how small – of marijuana, the state of Illinois presumes that the driver was under the influence and should not have been driving. Compare this to an alcohol-related car accident where the DUI presumption requires a blood alcohol concentration of .08.
Forced Blood Draws
Any time a driver has been involved in an accident that caused serious injuries (those requiring immediate medical attention) to others than themselves, and they are suspected of DUI, police officers can order what is called a forced blood draw, where they can get a blood sample without the drivers’ consent.
A forced blood draw is legal because of Illinois’ “implied consent” law. That is, by driving on Illinois roads, you are implicitly giving your consent to blood and breath testing for alcohol or drugs. Unless a driver has injured someone, they do have the option of accepting a suspended license rather than submitting to a blood or breath test, but once an injury or wrongful death occurs, that option is gone. (Learn more – How to Prevent DUI Car Accidents)
What It Means for Your Car Accident Case
If you have been injured in a car accident and the other driver is intoxicated from marijuana, this could make a very big difference in your case. It can increase the amount of compensation you receive for your accident.