Madelyn DaleyAttorney at Law
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What you need to know about driving while high in Illinois

On Behalf of | Jan 5, 2022 | Criminal Defense |

You probably already know that recreational marijuana has been legal in Illinois for two years now. Just like with alcohol, the fact that you can consume marijuana if you are over 21 does not mean you can drive while high.

In fact, the state law regarding driving with THC (the active ingredient in cannabis) is arguable even stricter than the drinking and driving statute. You can drive a non-commercial vehicle with less than .08 percent blood-alcohol content and avoid arrest for DUI. But there is no legal amount of THC you can have in your system while driving in Illinois. If a police officer detects even a trace amount in a blood test after pulling your over, you almost certainly will be charged with drugged driving.

Stays in your system for far longer than booze

Another difference between alcohol and cannabis is how long the substance lingers in your system. Your body metabolizes alcohol fairly quickly. Once you are sober again, the alcohol is gone. But THC metabolites can linger in your body for several days since your last puff of smoke or edible. At least in theory, you can be perfectly sober but still get arrested based on the blood test results. The fact that you purchased the marijuana legally is not a defense to drugged driving charges.

What not to do if the police pull you over

If you are pulled over in or around Belleville, remember that the officer is trying to gather evidence against you. That includes anything you say, whether you are answering a question or volunteering information in the hopes the officer will give you a break. Never admit that you have taken marijuana or any other drug. That will only increase your chances of getting arrested.

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Madelyn Daley, Attorney at Law
123 West Main Street
Belleville, IL 62220

Phone: 618-509-9724
Fax: 618-233-9039

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