Chicago Criminal Lawyer Blog
Defending Against Marijuana DUI with a Minor in the Vehicle in DuPage County, Illinois
DuPage County, Illinois, is a thriving suburban area just west of Chicago, known for its strong communities, excellent schools, and vibrant business districts. With cities like Naperville, Wheaton, and Downers Grove, DuPage County sees thousands of drivers on its roads every day. As Illinois continues to allow the legal use of recreational marijuana, law enforcement has increased its focus on marijuana-related DUI charges, particularly those involving a minor in the vehicle. A charge of Driving Under the Influence of Marijuana with a Minor in the Vehicle is a serious offense in Illinois that carries severe legal consequences.
The Law Offices of David L. Freidberg provides aggressive defense for individuals accused of this crime in DuPage County. Understanding the law and the penalties involved is crucial for anyone facing these charges.
Illinois Law on Marijuana DUI with a Minor in the Vehicle
Under 625 ILCS 5/11-501, Illinois law makes it illegal to operate a motor vehicle while under the influence of cannabis if it impairs the driver’s ability to safely control the vehicle. Unlike alcohol-related DUI cases, where a Blood Alcohol Concentration (BAC) of 0.08% or higher leads to an automatic charge, marijuana impairment is determined through various means, including blood or saliva tests, field sobriety tests, and officer observations.
Illinois has a per se THC limit of 5 nanograms per milliliter of blood (or 10 nanograms per milliliter of another bodily substance). If a driver exceeds this threshold, they can be charged with DUI, regardless of whether their driving ability was visibly affected.
If a minor under the age of 16 is present in the vehicle at the time of the alleged offense, the charge becomes Aggravated DUI, which is a Class 4 felony under Illinois law. The penalties increase significantly, and a conviction can result in substantial fines, a mandatory loss of driving privileges, and even time in state prison.
Criminal Case Process and Investigation
A marijuana DUI case typically begins when a law enforcement officer pulls a driver over for erratic driving, failure to maintain a lane, or another traffic violation. If the officer suspects impairment, they may request a field sobriety test. These tests, including the Horizontal Gaze Nystagmus (HGN) test, the Walk-and-Turn test, and the One-Leg Stand test, are designed to assess physical coordination and cognitive function.
Unlike alcohol DUI cases, where breathalyzers provide immediate BAC results, marijuana DUIs require additional testing. Law enforcement may conduct a saliva swab test on-site or require a blood test at a hospital or police station. Drug Recognition Experts (DREs) may also be called in to evaluate physical signs of impairment.
If a child is present in the vehicle, the prosecution will aggressively pursue enhanced charges. Prosecutors often rely on evidence such as dashcam footage, police body camera recordings, and witness testimony to build their case.
Penalties for a Marijuana DUI with a Minor in Illinois
A first-time offense of marijuana DUI with a minor in the vehicle is a Class 4 felony, carrying the following potential penalties:
- One to three years in prison
- Fines of up to $25,000
- Mandatory 25 days of community service
- Loss of driving privileges for up to two years
- Requirement to attend a DUI risk education program
For a second or subsequent offense, the charge is elevated to a Class 2 felony, punishable by:
- Three to seven years in prison
- Mandatory minimum jail time of 10 days or 480 hours of community service
- Fines up to $25,000
- License revocation for a minimum of five years
A conviction not only results in legal penalties but also carries significant collateral consequences, including increased insurance rates, employment difficulties, and professional license suspension.
Potential Defenses to Marijuana DUI Charges
Several defense strategies can be employed in a marijuana DUI case. Challenging the reliability of THC testing is critical, as marijuana metabolites can remain in a person’s system for weeks, even if they are no longer impaired. An attorney may also argue that field sobriety tests were improperly administered, that police lacked probable cause for the stop, or that the driver’s actions were not indicative of impairment.
An effective defense may lead to reduced charges, dismissal, or alternative sentencing options.
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.
