Tag Archives: driving under the influence

IL defense lawyerYes. Driving under the influence includes more than being intoxicated by alcohol. The law also prohibits driving under the influence of drugs, including marijuana. Although Illinois has decriminalized recreational marijuana use, some people wrongly think they can toke up behind the wheel. Unfortunately, as our DuPage County DUI attorney explains below, you can face some serious penalties.

What Is a Cannabis DUI?

A cannabis DUI is the unlawful operation of a motor vehicle while under the influence of cannabis. Under 625 ILCS 5/11-501.2(a)(6), you can be charged if you have the following tetrahydrocannabinol (THC) levels within two hours of driving:

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b2ap3_thumbnail_shutterstock_584202865.jpgThe penalties for a DUI often include hefty fines, jail time, a driver’s license revocation, and a permanent criminal record. If your DUI has left you with these life-altering penalties, you may consider appealing your DUI case. By filing an appeal, your DUI charges may be reduced, dismissed, and/or removed from your criminal record altogether.

In the event that you do decide to file your appeal, the appellate court may reverse your conviction, affirm it, or send it to a trial court for a hearing. Since the appeal process for a criminal case can be lengthy and complicated, you should consult an experienced Illinois DUI lawyer. You may be convicted of a lesser charge if strong evidence is given in court.

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If have been arrested for DUI, you should have been warned by the arresting officer that your drivers license will be suspended starting on the 46th day after your arrest. You should have further been advised as to the length of your suspension. This particular suspension, called a statutory summary suspension, is triggered by either a failed breathalyzer test or a refusal to submit to a breathalyzer test.

For first time offenders, your suspension will last for 6 months if you submitted to the breathalyzer test, but failed by registering a Blood Alcohol Concentration (BAC) of 0.08 or higher. A first time offender's suspension will last for 1 year if he/she refused to submit to the test. For subsequent offenders, the suspension ranges from 1 year for a failed test to 3 years for a refusal.

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