Naperville Marijuana DUI Defense Attorney

Lawyer for Driving Under the Influence of Marijuana in Naperville, IL

While recreational cannabis is legal in Illinois, its usage is subject to similar rules and regulations as alcohol. If you drive while high, you can be charged with driving under the influence, which is a misdemeanor offense and a permanent stain on your criminal record. A conviction comes with the potential for jail time and up to $2,500 in fines, as well as court costs and other penalties.

If you are up against a marijuana DUI charge, your best option is to work with a traffic defense lawyer who can represent you in court. With the help of an attorney, you may be able to have the charges reduced or dismissed outright. After an arrest on DUI charges, the earlier you can speak to an attorney, the better.

Attorney Craig L. Boston practices traffic law in Naperville and the surrounding areas. He can provide assistance for people charged with a wide variety of moving violations, including driving under the influence. His sound legal defense strategies have kept thousands of people on the road and helped them avoid excessive penalties for traffic violations.

What Is the Legal Limit for Marijuana in Your System?

To determine whether you are "under the influence" after you are arrested, law enforcement may ask you to submit to a test that will measure the amount of THC in your bodily fluids. You may be asked to give a blood sample, but saliva or urine may also be tested. 5 or more nanograms of THC per milliliter of your blood is over the legal limit in a blood test. In a test of saliva or other bodily fluids, the legal limit is 10 nanograms per milliliter.

What Should You Do in a Traffic Stop for DUI?

Police officers need to have a valid reason to pull you over. In most cases, officers will perform traffic stops if they witness erratic driving or have good reason to believe that you violated the law. Once the officer has probable cause, you can be stopped and questioned.

It is important to know your rights during a traffic stop. The officer may ask you to perform any number of tests, such as asking you to walk in a straight line, follow a pen with your eyes, or stand on one leg for thirty seconds. Though you may feel pressure to comply with the officer's instructions, you are within your rights to refuse to perform any of these tests. This may result in your arrest, but the refusal itself will not lead to penalties. However, if you refuse to take a chemical test after being arrested, your driver's license will be suspended.

The reason to refuse roadside sobriety tests is simple: this will deny the prosecution further evidence to use against you. During a traffic stop, an officer administering any tests will be looking for evidence of impairment to strengthen the case against you. By remaining calm and respectful and asserting your right to not answer any questions and your right to speak with an attorney, you can help improve your chances of positive results in your case.

Illegal Transportation of Marijuana

Even if you are completely sober when stopped by an officer, you can still be charged with a crime for having marijuana in your vehicle. Just as it is illegal to transport open containers of alcohol in a vehicle, Illinois law stipulates that any cannabis must be transported in sealed containers. Unlawful transportation of marijuana is a Class A misdemeanor, and if convicted, you may face up to a year in jail and $2,500 in fines.

Speak With a Naperville Marijuana DUI Defense Lawyer Today

A marijuana DUI conviction can have life-altering consequences, threatening your current and future employment, burying you in fines, and potentially landing you in prison. Attorney Craig L. Boston has over a decade of experience in traffic law, and as a solo practitioner, he personally handles every case that comes to his desk. If you have any questions or concerns about a marijuana DUI charge, contact the Law Office of Craig L. Boston for a free consultation by calling 630-445-2295.