Can I Be Charged With DUI Without THC in My System? 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 I be charged with DUI without THC in my system?
Joshua Boardman: You can, and it can be based on circumstantial evidence that’s derived from the law enforcement officer at the time of the stop. So, the same signs or cues that a law enforcement officer is going to look at whenever they suspect alcohol involvement. There’s an entirely different set of observations or cues that law enforcement will look at whenever they suspect someone of being under the influence of marijuana. Is there unpackaged marijuana in the vehicle that’s not professionally stored and transported in accordance with Illinois law? Is your behavior one that would demonstrate impairment? Was your driving behaviors erratic or impermissible based on the traffic laws? So, once again, if you refuse a blood draw or you refuse any sort of field testing, they can rely on circumstantial evidence and still arrest you.