Can a Cannabis DUI Be Reduced or Dismissed in Illinois? Attorney Joshua Boardman from Combs Waterkotte discusses everything you need to know about Illinois DUI criminal charges, including first-time DUI, second DUI, Illinois DUI laws, DUI defense strategies, CDL DUI charges, and more.
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Interview Transcript
Scott Michael Dunn: Can a cannabis DUI be reduced or dismissed in Illinois?
Joshua Boardman: Yes, like any DUI, whether it’s cannabis or whether it’s alcohol or what have you, they need to prove where it’s not a BAC violation. And they need to prove you’re driving under the influence or driving while impaired. So, the case is built on circumstantial evidence. What did they observe during the traffic stop? What reasons to conduct the traffic stop? What statements were made by the defendant subsequent to arrest? All of those things go into an evaluation of whether or not they can prove the case. And so where there’s deficiencies in those or where there’s suppressible issues or weaknesses with the evidence, the cases can be dismissed. Whether that’s a voluntary dismissal by the state’s attorney or whether that’s a dismissal through a legal mechanism or a legal challenge that defense counsel raises.
