“Driving Under the Influence” is defined as operating a motor vehicle while impaired by alcohol, other drugs including cannabis (marijuana) prescribed for medical purposes, or intoxicating compounds and methamphetamine. In Illinois, drivers are legally considered to be under the influence if they have a blood-alcohol content (BAC) of .08 or more, a tetrahydrocannabinol (cannabis) concentration (THC) of either 5 nanograms or more per milliliter of whole blood or 10 nanograms or more per milliliter of other bodily substance, have used any other controlled substance or are impaired by medication.*
New Laws Concerning DUI in Illinois
Effective Jan. 1, 2017
A guilty plea will not be accepted until all penalties have been explained including the possible loss of driving privileges.
The Secretary of State shall notify the driver and the Illinois Department of Public Health will revoke a medical cannabis card for a driver convicted of a felony violation of the state or federal Control Substance Act, the Cannabis Control Act of the Methamphetamine Control Act
Effective August 12, 2016
The Chief Judge of the circuit court of any Illinois county may order the establishment of a program for electronic monitoring of offenders for alcohol and drug consumption.
Effective July 29, 2016
Any person with a THC level of 5 nanograms or more per milliliter of whole blood or 10 nanograms or more per milliliter of other bodily substances may be charged with DUI.
Illinois DUI – statute(s)
- 625 ILCS 5/11-501.
Illinois DUI – standard
- “A person shall not drive or be in actual physical control of any vehicle within this State while: . . . under the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving.” 625 ILCS 5/11-501(a)(4).
Illinois DUI – applicable substances
- Any drug.
Illinois DUI – affirmative defense None.
- “The fact that any person charged with violating this Section is or has been legally entitled to use alcohol, cannabis under the Compassionate Use of Medical Cannabis Pilot Program Act, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, shall not constitute a defense against any charge of violating this Section.” 625 ILCS 5/11-501(b).
Illinois Per se – statute(s)
- 625 ILCS 5/11-501; 625 ILCS 5/11-501.2.
Illinois Per se – standard
- “A person shall not drive or be in actual physical control of any vehicle within this State while: . . . there is any amount of a drug, substance, or compound in the person’s breath, blood, other bodily substance, or urine resulting from the unlawful use or consumption of a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act.” 625 ILCS 5/11-501(a)(6).
- “A person shall not drive or be in actual physical control of any vehicle within this State while . . . the person has, within 2 hours of driving or being in actual physical control of a vehicle, a tetrahydrocannabinol concentration in the person’s whole blood or other bodily substance as defined in paragraph 6 of subsection (a) of Section 11–501.2 of this Code.” 625 ILCS 5/11-501(a)(7) (provision added effective July 29, 2016).
Illinois Per se – applicable substances
- For the “any amount” standard, a drug, substance, or compound resulting from the unlawful use or consumption of a controlled substance, an intoxicating compound or methamphetamine. 625 ILCS 5/11-501(a)(6).
- For THC, a concentration of 5 nanograms or more per milliliter of whole blood or 10 nanograms or more of per milliliter of other bodily substance. 625 ILCS 5/11–501.2(a)(6)(provision added effective July 29, 2016).
- In a trial or proceeding arising out of acts alleged to have been committed while under the influence, if a chemical test of driver’s blood or other substance is above the specified concentrations, there is a presumption that the person was “under the influence of cannabis.” 625 ILCS 5/11–501.2(b-5)(added July 29, 2016).
Illinois Per se – affirmative defense(s)
None. “The fact that any person charged with violating this Section is or has been legally entitled to use alcohol, cannabis under the Compassionate Use of Medical Cannabis Pilot Program Act, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, shall not constitute a defense against any charge of violating this Section.” 625 ILCS 5/11-501(b).
Illinois Implied consent – applicable drivers
- Person who drives or is in actual physical control of a motor vehicle on Illinois public highways. 625 ILCS 5/11-501.1(a).
- Person who has been issued a registry identification card under Illinois law allowing the medicinal use of marijuana and is driving on Illinois public highways gives consent to “standardized field sobriety tests approved by the National Highway Traffic Safety Administration.” 625 ILCS 5/11-501.9.
Illinois Implied consent – tests authorized
Chemical test or tests of blood, breath, other bodily substance or urine. 625 ILCS 5/11-501.1(a).
Illinois Implied consent – basis for test
- Driver must be arrested (or ticketed) for any DUI offense and LEO must have probable cause to believe the person was under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof. 625 ILCS 5/11-501.1(a).
- LEO must request a chemical test when there is probable cause to suspect DUI is a factor in a crash that results in personal injury or death. 625 ILCS 5/11-501.2(c)(2).
- In cases of a driver holding a marijuana registry card, the LEO “must have an independent, cannabis-related factual basis giving reasonable suspicion that the person is driving or in actual physical control of a motor vehicle while impaired by the use of cannabis” in order to conduct field sobriety tests. 625 ILCS 5/11-501.9(a). Implied consent – evidence of refusal Evidence of refusal is admissible in any civil or criminal action or proceeding arising out of acts alleged to have been committed while under the influence of drugs. 625 ILCS 5/11-501.2.
Illinois Implied consent – administrative / civil penalty for refusal
- First refusal: statutory summary driver’s license suspension of one year. 625 ILCS 5/6-208.1(a)(1).
- Refusal by person who is not a first offender: statutory summary driver’s license suspension of three years. 625 ILCS 5/6-208.1(a)(3).
Illinois Implied consent – criminal penalty for refusal
