Driving under the influence of marijuana, alcohol, or a combination is a crime in Illinois. (625 Ill. Stat. Ann. § 5/11-501(a).)
This article explains the penalties imposed for marijuana DUI violations, but other laws regarding marijuana possession may also apply to passengers and drivers.
For detailed information on marijuana laws in general in Illinois, see Illinois Marijuana Laws.
Driving Under the Influence of Marijuana
It is illegal to drive a vehicle while under the influence of marijuana, other drugs, alcohol, or a combination of substances. In Illinois, being under the influence means that a driver is in actual physical control of a vehicle when—because of drug or alcohol use—the driver is incapable of driving safely.
When alcohol is involved, a blood alcohol level of .08 percent of the driver's blood, by volume, will conclusively establish that the driver is under the influence (if the level is less, the prosecutor can still point to the driver's actions to prove that he was under the influence). (625 Ill. Stat. Ann. § 5/11-501(a)(1)&(4).) When marijuana is involved, however, any amount of marijuana that was in the driver’s blood or urine while he was driving will establish that the driver was under the influence. (625 Ill. Stat. Ann. § 5/11-501(a)(6).)
Penalties for Driving Under the Influence
Penalties for driving under the influence in Illinois vary according to whether it’s a first or subsequent conviction, and whether there is an aggravating factor (described below).
First conviction. A first conviction for driving under the influence of marijuana is a class A misdemeanor. Penalties include up to one year in jail, a fine of up to $2,500, or both. (625 Ill. Stat. Ann. § 5/11-501(c)(1).)
Second conviction. A violation is a class A misdemeanor. Penalties include a mandatory minimum of five days (and up to one year) in jail, a fine of up to $2,500, and 240 hours of community service. (625 Ill. Stat. Ann. § 5/11-501(c)(2).)
Third and fourth convictions. A third or fourth violation is a class 2 felony, punishable with between three and seven years in prison, a fine of up to $25,000, or both.
Fifth conviction. A violation is a class 1 felony, punishable with between four and 15 years in prison, a fine of up to $25,000, or both.
Sixth and subsequent convictions. A violation is a class X felony, punishable with between six and 30 years in prison, a fine of up to $25,000, or both.
Driving While Transporting a Minor
An offense committed by an adult 18 years old or older, while a minor under the age of 16 is in the vehicle, triggers additional penalties, for the first incident and for any subsequent ones.
First and second convictions involving minors. A first or second violation when a minor is in the vehicle carries an additional six months in jail, a mandatory minimum fine of $1,000, and an additional 25 days of community service in a program benefitting children. (625 Ill. Stat. Ann. § 5/11-501(c)(3).)
Third and subsequent convictions. A third or subsequent violation when a minor is in the vehicle carries an additional mandatory minimum fine of $25,000, and an additional 25 days of community service in a program benefitting children. (625 Ill. Stat. Ann. § 5/11-501(d)(2)(A)-(E).)
Aggravated DUI
Under some circumstances, a normal DUI conviction will incur additional penalties because it was committed under aggravating circumstances. A DUI while driving a school bus, causing a traffic accident and resulting injuries to others while driving under the influence, or driving under the influence on a suspended driver’s license, are all examples of aggravating circumstances. Additional jail time, fines, and community service hours may be mandatory, depending on the offense. (625 Ill. Stat. Ann. § 5/11-501(d).)
An Important Note on Local Legal Representation
If you have been charged with a marijuana-related driving offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.
