Illinois Drugged Driving Law: Unbending and Complex

April 28, 2011

Illinois Drugged Driving Law: Unbending and Complex

Illinois law is tough on anyone caught behind the wheel under the influence of drugs to the point that he or she cannot safely drive. And it is not a defense that the drug was legal for the individual to use.

A Rising Trend?

According to the federal government, the percentage of fatally injured drivers with drugs in their systems is on the rise nationally. The National Highway Transportation Safety Administration, part of the U.S. Department of Transportation, announced in November 2010 the results of an important five-year study.

Of those drivers killed in accidents, those testing positive for drugs rose from 13 percent in 2003 to 18 percent in 2009. In Illinois, the 2009 figure was 23 percent, slightly above the national average that year of 18 percent.

The NHTSA cautions, however, that it is difficult to draw strong conclusions from these numbers for several reasons. For one, the presence of drugs in the body of a dead driver does not necessarily mean that the person was impaired by those drugs or that any impairment resulting from the drugs caused the fatal accident. Also, the states vary widely in their drug testing practices and procedures.

Illinois DUI Drug Law

The Illinois law that makes driving under the influence, or DUI, a crime encompasses driving under the influence of alcohol or drugs, or of various combinations of substances. Defendants can be charged with driving under the influence of drugs under any of three provisions. Most of the drugged driving charges are made under either one of these two subsections making it illegal to drive:
-"[U]nder the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving"

-"[U]nder the combined influence of alcohol, other drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving"

A third, more rarely used provision for charging a DUI drug crime makes it illegal to drive:
-"[U]nder the influence of any intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of driving safely"

In Illinois, the police can order chemical testing under the "implied consent" law providing that if you drive on Illinois roads, you imply to the state that you automatically consent to such a test as a privilege of driving. Refusal will result in automatic license suspension.

Law enforcement can also order chemical testing when they have "probable cause" to suspect a driver is under the influence of alcohol, drugs or a combination; and who has caused death or injury to another person. Testing must be done according to legal police procedures and by authorized persons.

A Zero-Tolerance Crime

If a driver tests positive for any amount -- even just a trace -- of an illegal drug or a prescription medication that is unlawful to drive while taking, the state presumes that the driver was under the influence of that substance and should not have been driving. This differs from alcohol test results, where the DUI presumption requires a blood alcohol concentration of 0.08.

The Problem With Marijuana

In Illinois, marijuana is the second most common chemical, after alcohol, under the influence of which people drive. This is not surprising, since according to the National Institute on Drug Abuse, pot is the most abused illegal drug across the country.

The most dangerous substance in marijuana is delta-9-tetrahydrocannabinol, usually called THC. THC passes easily from the lungs to the blood stream, which carries the drug to the brain. THC can cause:
-Coordination problems
-Confusion
-Impaired ability to solve problems
-Altered perception
-Memory problems

Given those side effects, it is no surprise that pot can severely impede safe driving capacity. It is surprising to some, however, that traces of marijuana can remain in the body for days, even weeks, after ingestion. Since it is not a water-soluble substance, it can linger in body fat for a long time after any initial intoxication has worn off. So potentially a driver, especially a heavy marijuana user, could test positive for pot -- in urine or hair for example -- after a traffic stop without having ingested it for weeks.

Tests for marijuana are quite accurate; false positives are very rare as compared to other drugs. Contrary to popular belief, the test for pot cannot be fooled by tampering or by taking vitamin B2 supplements.

If You Make a Mistake, Talk to a Lawyer Right Away

If you choose to do drugs and drive in Illinois, and you are stopped by the cops, you will likely have severe, even life-changing ramifications. Once police have your positive drug test, the only ways to fight a DUI drug charge normally are to prove you weren't driving, show the test was wrong, prove the testing procedures were not followed or were administered by an unauthorized person, or show that there was a weakness in the chain of custody of the physical sample taken.

Illinois penalties for DUI drug offenses are ominous and can include license suspension, prison time, stiff fines, community service and other consequences, depending on the circumstances.

The Illinois Secretary of State website says that the state considers DUI to be a violent crime. If you are involved in a traffic stop, chemical test or arrest for drug-impaired driving, don't face the authorities alone. The state of Illinois takes allegations of driving while chemically impaired extremely seriously, and you need an experienced DUI attorney by your side to defend you and protect your rights.

Article provided by The Law Offices of Thomas Glasgow, Ltd.
Visit us at www.glasgowlaw.net