DUI, Aggravated DUI, & THC

The state of Illinois has aggressive anti-DUI laws that prohibit driving under the influence of drugs or alcohol.

In the state of Illinois, a person can be charged with driving under the influence (DUI) while being in physical control of a vehicle or motorboat:

  • with a blood alcohol content (BAC) of .08%

  • under the influence of alcohol

  • under the influence of any substance, drug, or a combination that affects a person’s driving capability

  • with a tetrahydrocannabinol (THC) concentration of five nanograms or more in the blood or ten nanograms in another bodily substance within two hours of driving

Being charged with a DUI in Illinois is considered a violent crime and being convicted can never be expunged from a person’s driving record. Any DUI offense resulting in a felony charge is classified as Aggravated DUI:

  • A third or subsequent DUI

  • Reckless homicide is a DUI involving a car accident that resulted in bodily injury or death

  • DUI Child Endangerment is a DUI involving transporting a minor under 16.

It is illegal to operate a motor vehicle with a BAC of .08%, but you can be charged with a DUI at a BAC of .05% or more if there is additional evidence of impaired driving. Driving under the extreme influence of alcohol is a DUI with a BAC of .16%. Drivers who are under the age of 21 can not have a trace of drugs or alcohol in their system.

In 2016, Illinois passed a new law that decriminalized the possession of less than 10 grams of cannabis. Meaning you will not face any jail time but instead will receive a civil citation. Civil citations of the possession of less than 10 grams of cannabis are automatically expunged from your record twice a year. However, Illinois is a state that has a zero-tolerance policy of operating a vehicle with any illicit drug in the body including medical cannabis. Having small amounts of THC, will most likely not result in a DUI, but if you are a frequent user of cannabis, THC will be in your body for a long period of time that could be detected through testing.

It is illegal to transport any alcohol or medical cannabis in the passenger compartment of the car. Alcohol and medical cannabis must be in original container without a broken seal.

If you are pulled over by police and there is a smell of cannabis, the police will have probable cause to search you and your car. If your car was used in a cannabis related felony, police have a right to impound your car and will decide whether or not to proceed with forfeiture.

If you are convicted of a DUI in Illinois, the factors that will determine your penalties will be:

  • BAC %

  • THC concentration

  • age

  • whether there was a minor under 16 being transported

  • prior DUI convictions

All driver’s who are convicted of a DUI face a driver’s license suspension or revocation and suspended or revoked drivers must comply with all requirements and pay all fees to obtain driver’s license reinstatement.

Faced with a DUI? Avoid receiving possible jail time with the help of Traffic Lawyers Chicago. Traffic Lawyers Chicago represents clients throughout Illinois in Cook County, Lake County, Kane County, DuPage County, and Will County.