When a driver is pulled over by the police, the first thing the officer is likely to say is, “Do you know why I pulled you over?” A good answer to that is, “I’m not sure. Why?” 

The police officer may have stopped you for a simple traffic violation, such as speeding or running a stop sign. But depending on your behavior and conversation, a police officer could begin to suspect that you are guilty of something more. You do not want to give the officer any reason to start looking for additional violations.

For example, the police might suspect that you were driving under the influence of alcohol, violating the “open container” law, or even using illegal drugs. The officer might then want to search your car, looking for evidence of suspected illegal activity. It is important to know your legal rights in this situation. 

Every so often, when people are hanging out and drinking a few beers, the topic of drunk driving will come up. Such conversations may be filled with misinformation about Illinois laws on driving under the influence. One of the most common debates involves breathalyzer tests--whether or not you can refuse to take them, and what happens if you refuse. This article seeks to clear up some of these questions surrounding breathalyzer tests.

The Roadside Breathalyzer vs. the Police Station Test

Many people are surprised to learn that there are two different types of breathalyzer tests:

• The preliminary breath test, which is conducted with a portable breath-analysis device at during a traffic stop at roadside.
• The evidentiary breath test, which is conducted with a stationary machine at a police station.

Note that a person’s blood-alcohol concentration can also be measured by a blood test, but this article will focus strictly on breath testing, since it is the most common method.

Illinois residents who legally use medical cannabis may be justifiably concerned about their risk of being charged with driving under the influence (DUI) after using marijuana. 

While only around 30,000 people are currently registered as medical marijuana users in Illinois, this number could expand dramatically once the governor signs a new law passed by the legislature in May 2018. This law, SB 336, would modify the Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130), allowing doctors to prescribe medical marijuana as an alternative to opioid pain medications and eliminating the criminal background check requirement for patients.

Marijuana DUI Law for Regular Citizens

THC is the intoxicating element in marijuana, and this is what Illinois law enforcement officers will measure to determine if you are guilty of driving under the influence of marijuana. The legal limit for THC in Illinois is five nanograms or more per milliliter of whole blood or 10 nanograms or more per milliliter of any other bodily substance (e.g., saliva). If you test at or above that level, you will be subject to the statutory summary suspension of your driver’s license and a DUI charge.