What if I Smoked Days Earlier but Wasn’t Impaired?

Jul 30, 2026

What if I Smoked Days Earlier but Wasn’t Impaired? Combs Waterkotte attorney Joshua Boardman 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.

Combs Waterkotte is a leading DUI defense law firm serving Illinois and Missouri. Our Illinois defense attorneys will fight for your freedom and rights. If you are facing DUI charges in Chicago or anywhere else in Illinois, we can help. Call us at (312) 500-HELP 24 hours a day, 7 days a week.

Interview Transcript

Scott Michael Dunn: What if I was in the Chicago, Illinois area and I smoked days earlier? Can I still be charged with a DUI?

Joshua Boardman: So they can try to create circumstantial evidence regarding an impairment and, often times, they will ask the question have you smoked recently? Are you under the influence of THC products right now? Trying to fish for answers that would help them build their case against you. And a lot of times folks will say, “Well, yeah, I’m smoked about a week ago or I smoked several days ago or I smoked earlier today.” And those statements can be utilized as circumstantial evidence later for them to try to demonstrate that you are operating the vehicle under the influence of THC.

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