Matthew Willens is a personal injury attorney in Chicago. 

You already know that the consequences of driving high can be intense, but the legal consequences can also be severe – maybe even worse than you think.

Regardless of your drug of choice, drugged driving is illegal in all 50 states. And yes, that includes marijuana. 

But before we get to the legal consequences, let’s take a closer look at what it means to drive under the influence in the state of Illinois.

What does it mean to be under the influence?

The definition of being under the influence varies by state, so if you’re new to Illinois, it’s best to get acquainted with the driving laws before you get behind the wheel.

The first thing you should know is that Illinois has very strict DUI laws. 

But this gets tricky because medicinal marijuana is allowed here, and recreational marijuana will be legal on January 1, 2020.

Still, you’re not allowed to drive under the influence of marijuana. Any person with a THC level of 5 nanograms or more per millimeter of blood can be charged with a DUI.

By driving, you give consent to do breathalyzer and blood/urine tests

In Illinois, we also have what’s called an Implied Consent Law. 

To understand what this means, think of this like the cookie policy on any website. When you visit a website, you’re presented with the cookie policy. If you read the notification, it’ll tell you that your use of the website implies that you agree to the website’s cookie policy (whatever that may be).

If you don’t agree, you must exit the website immediately. 

The Implied Consent Law works much in the same way. By getting a driver’s license in the state of Illinois, you automatically agree to provide a breath, blood or urine sample to an officer who has established probable cause. This means he has to have a reason for asking you do give the sample. If you don’t agree, you don’t get a driver’s license. It’s that simple.

In other states, you may have the opportunity to decline a blood test. Illinois is not one of those states. The only scenario where you might have legal cause to decline is if you’re driving without a valid license. In which case, there are many other issues at play. 

You can get a DUI without actually being high

Even if you are not high, you can still get a DUI. This is because of THC metabolites left in your blood after using marijuana. 

Blood testing can detect THC for 3 to 4 hours after use. THC metabolites can be present in the body for several days after use.

And, unfortunately, THC metabolites are considered a marijuana-related compound. 

In most cases, you won’t be convicted of driving while high unless you exceed the THC legal limit. But if you’re using marijuana, you must understand the possibilities. 

You absolutely can be charged with a DUI in Illinois if you’ve used marijuana (even legally) within the past few days. Again, it’s not the most likely scenario, but it has happened. 

Driving under the influence is a crime

The actual sentence you’ll face will vary based on your local laws and current situation, but there are a few things you should expect. 

First offense

If this is your first offense and there isn’t any bodily harm involved, you will likely be charged with a Class A Misdemeanor. In this case, you can expect that your driver’s license will be suspended for six months. 

Criminal penalties

If you are a repeat offender and/or have caused bodily harm, this offense is likely to be classified as a felony. You could face up to a year in prison along with up to $2,500 in fines and a minimum of one-year license suspension. 

What to do if you’re charged with a DUI

The best approach is to not drive high in the first place. But if you do get a DUI<, the best thing you can do is call a DUI attorney in your local area. He or she will advise you on next steps. And the earlier you call the better. Many attorneys have hotlines in place for this very reason. 

Even if you’re sure you’re facing a misdemeanor and not a felony, this is a serious charge. Treat it that way from the beginning. Having a DUI on your record could interfere with your ability to obtain employment. It will also send your insurance premiums through the roof. And many people don’t consider the social stigma until it’s too late. 

Bottom line: If you are charged with a DUI, contact a lawyer as soon as you possibly can.

This information is posted as a public service by Illinois Legal Aid Online and its partners. Its purpose is to inform people of their legal rights and obligations. Talk to a lawyer if you have questions about how this information applies to you.