Chicago Criminal Lawyer Blog
DuPage County, Illinois, is known for its well-maintained suburban communities, excellent schools, and strong law enforcement presence. As one of the most populated counties in the state, DuPage sees a high volume of traffic on its roads and highways, including I-88, I-355, and Route 83. With Illinois legalizing recreational marijuana, law enforcement has been increasingly focused on identifying and prosecuting those suspected of driving under the influence of cannabis.
A hit-and-run accident involving allegations of marijuana impairment is a serious criminal offense in DuPage County. These cases often result in felony charges, carrying the potential for prison time, large fines, and long-term consequences. Defending against these allegations requires a deep understanding of Illinois law, forensic evidence, and law enforcement procedures. The Law Offices of David L. Freidberg aggressively defends individuals accused of marijuana DUI hit-and-run offenses, ensuring that their rights are protected throughout the legal process.
Illinois Law on Driving Under the Influence of Marijuana and Hit-and-Run Accidents
Illinois law prohibits operating a vehicle while impaired by marijuana. Under 625 ILCS 5/11-501, a driver is considered under the influence if they have five nanograms or more of THC per milliliter of blood or ten nanograms per milliliter of another bodily substance. Unlike alcohol DUIs, where a breathalyzer can provide a nearly immediate reading of impairment, marijuana DUI cases often rely on blood or urine tests conducted well after the traffic stop or accident, which can make proving impairment more complicated.
When a hit-and-run is involved, charges escalate dramatically. Under 625 ILCS 5/11-401, leaving the scene of an accident involving injury or death is a felony offense. If someone is injured in the accident and the driver leaves without stopping to provide information or render aid, they may face a Class 4 felony, punishable by one to three years in prison and up to $25,000 in fines. If the accident results in a fatality, the charge is elevated to a Class 1 felony, which carries a prison sentence of four to fifteen years.
Illinois also enforces strict penalties for those who refuse to submit to chemical testing. Under the state’s implied consent law, refusal can lead to an automatic license suspension for one year for a first offense, even if the individual is not convicted.
How Criminal Cases for Marijuana DUI Hit-and-Run Accidents Begin in Illinois
A criminal case involving a hit-and-run accident with suspected marijuana impairment usually begins when law enforcement is called to the scene of a collision. Officers may gather physical evidence such as vehicle debris, witness statements, and surveillance footage to try to identify the driver. If the alleged driver is found later, officers may assess their physical condition and request field sobriety tests.
Unlike alcohol-related DUIs, where impairment is often determined through a breathalyzer, marijuana-related DUI investigations rely on blood tests, urine samples, and officer observations. These include bloodshot eyes, delayed response time, and the presence of marijuana odor. However, these observations are highly subjective, and many factors can mimic signs of impairment.
If the driver is arrested, the next steps include formal charges and a court appearance. The prosecution will attempt to establish both impairment and intent to leave the scene, which can be difficult if the driver was located hours after the alleged accident. The defense will scrutinize all evidence, looking for flaws in the investigation, unreliable chemical testing, and constitutional violations.
Penalties and Long-Term Consequences of a Conviction
Being convicted of a marijuana DUI with a hit-and-run charge carries severe legal penalties. A first-time DUI offense in Illinois is a Class A misdemeanor, punishable by up to one year in jail and a fine of $2,500. However, if a hit-and-run is involved, the charges escalate significantly.
If the accident resulted in injuries, leaving the scene of the crash is classified as a Class 4 felony, with penalties including prison time, license suspension, and significant fines. If a fatality occurred, the charge becomes a Class 1 felony, which carries a mandatory prison sentence of four to fifteen years.
Beyond court-imposed penalties, a conviction has lifelong consequences. A felony conviction for DUI and hit-and-run can lead to permanent revocation of driving privileges, difficulty obtaining employment, higher insurance premiums, and even restrictions on housing opportunities. Employers, landlords, and financial institutions often conduct background checks, and a criminal record can limit future opportunities.
The Criminal Trial Process for Marijuana DUI Hit-and-Run Cases
When a case goes to trial, the prosecution must prove beyond a reasonable doubt that the defendant was both impaired and knowingly left the scene of the accident. This is often more complicated than it appears, as marijuana impairment does not have clear-cut thresholds like alcohol intoxication.
The defense will examine:
- The accuracy and reliability of blood or urine tests
- Whether law enforcement followed proper procedures during the arrest
- The credibility of witness statements
- Whether there was reasonable doubt regarding the defendant’s awareness of the accident
Pretrial motions may challenge the legality of the traffic stop, the validity of chemical test results, and other procedural issues that could lead to evidence suppression or dismissal of charges.
Types of Evidence Used in DUI Hit-and-Run Cases
Prosecutors rely on several types of evidence to build their case:
- Blood or urine tests to detect THC levels
- Dashcam or surveillance footage to identify the driver and their actions
- Eyewitness statements from those who saw the accident or the suspect leaving the scene
- Field sobriety test results that attempt to establish signs of impairment
Each piece of evidence must be scrutinized to identify weaknesses. THC can remain in the bloodstream for days or even weeks, meaning that its presence does not necessarily indicate impairment at the time of the accident.
Why You Need an Attorney for a DUI Hit-and-Run Charge
Fighting a marijuana DUI hit-and-run charge requires an attorney with extensive experience handling these complex cases. The prosecution will aggressively seek a conviction, and without legal representation, the chances of severe penalties increase dramatically.
An attorney can:
- Challenge the accuracy of chemical tests
- Cross-examine the reliability of witness testimony
- Argue for reduced charges or alternative sentencing
- File motions to suppress improperly obtained evidence
Attempting to handle a felony DUI hit-and-run case without an attorney is a mistake that can lead to serious consequences. The defense must present a strong case to reduce or dismiss the charges, negotiate plea agreements, or advocate for a fair trial.
Choosing the Right DUI Defense Lawyer in DuPage County
Selecting the right attorney is crucial for the best defense. The ideal lawyer should have experience with Illinois DUI laws, a successful record in felony cases, and the ability to challenge both scientific and circumstantial evidence.
During a consultation, ask questions such as:
- How many DUI hit-and-run cases have you handled?
- What are the potential outcomes for my case?
- How will you challenge the prosecution’s evidence?
- What strategies do you use for reducing penalties?
A lawyer who understands the complexities of marijuana DUI cases can provide an aggressive defense that protects your rights and future.
Call the Law Offices of David L. Freidberg for Aggressive DUI Defense
If you are facing marijuana DUI hit-and-run 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 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.
