Can I Get a DUI for Marijuana in Illinois? Facing DUI charges in the state of Illinois? Combs Waterkotte attorneys Joshua Boardman and Andrew Russek discuss the possibility of getting a DUI charge for marijuana.
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Interview Transcript
Scott Michael Dunn: Can you get a DUI for marijuana in Illinois?
Joshua Boardman: You sure can. The way the statute is written, under the influence element, that can be alcohol, that can be prescription drugs, that can be marijuana. It goes to the level of impairment, which is a thing that many people don’t think of. You think of a DUI, you think of drinking and driving, but you can be impaired within any of those categories of substances that I just mentioned.
Andrew Russek: What that means is you can, and we’ve seen cases where people are given DUIs for medication that they are prescribed from a doctor, taking dosages that they’re prescribed by the doctor, and then potentially driving too soon after, before the effects have worn off, or you take an Ambien, but also have a glass of alcohol. Either of those separately are perfectly fine, but now all of a sudden you’re impaired, or at least a cop’s gonna claim you’re impaired, and you find yourself with the DUI.
Dunn: Is this like the only way they would know that, is if you gave them that information?
Russek: There are other ways that they can determine it, but…
Dunn: They do blood alcohol content, right?
Russek: The two strongest things are gonna be blood alcohol content and the own statements, your own statements you may give to nail you. You know, the amount of times we’ve seen them say, well do you think maybe you shouldn’t have had that many drinks? You say, maybe I shouldn’t have, and then all of a sudden you’ve just essentially admitted to at least feeling a little intoxicated, and they can run with that for a mile.
Boardman: And it’s not always crystal clear what their intent is. I’ve had, in reviewing body cam footage, I’ve had officers, are you a little sleepy? You cross the line there, and then sure enough a defendant’s gonna go, well you know, I took a sleeping pill, but I had to run to the grocery store, and there you go.
Dunn: That’s scary. In any of those situations it’s scary, but I guess, what’s the most important thing to focus on when you get pulled over for a DUI, or driving in any impaired, any level of impairment?
Boardman: I think what we’ve stated previously, which would be, understand what your rights are, which is the right to remain silent, the right to an attorney, not divulge any information beyond the obligations that you have to identify yourself, your status as a driver, details like that. Don’t attempt to evade or be untruthful. Just rely on the protections that are provided to you in that moment. You’ll likely get a ticket, you can even tell them, I understand that I may get a ticket out of this, but I’m still not going to necessarily answer those questions, and then contact an attorney to receive the discovery in the police report, and start to work up your case after that incident.
Dunn: Yeah, it sounds like it’s important to understand confidently that you have those rights. And then the officer that’s probing, that’s his sole goal, right? He’s probing for an opportunity, he keeps hunting and hunting and hunting.
Boardman: It may feel counterintuitive, because a lot of folks will want to cooperate with law enforcement, as you know, whether that’s out of a traditional view of law enforcement, or whether they are trying to mitigate whatever damage they think could be occurring, or whether they are trying to assert their innocence, let an attorney do that.
