Illinois DUI Law 625 ILCS 5/11-501(a)(7) is the section of the statute that sets a per se amount of THC as being legally under the influence. This is similar in nature to charging a DUI over 0.08 alcohol concentration, but specifically targeting cannabis. Police and prosecutors can choose to include different sections of the DUI law to charge depending on the evidence, and here we discuss this section.
Illinois DUI Law 625 ILCS 5/11-501(a)(7)
The Illinois DUI law generally states that "a person shall not drive or be in actual physical control of any vehicle within this State ...." and this commonly charged section explains the rest of this offense:
(7) 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. Subject to all other requirements and provisions under this Section, this paragraph (7) does not apply to the lawful consumption of cannabis by a qualifying patient licensed under the Compassionate Use of Medical Cannabis Pilot Program Act who is in possession of a valid registry card issued under that Act, unless that person is impaired by the use of cannabis.
In addition to proof of driving or actual physical control, proof of a THC or cannabis DUI here requires testing of a blood (or other bodily substance) within 2 hours of the time of driving or physical control. This means that not only is a careful investigation of the forensic testing performed in such a case vital to a defense, but exacting documentation of the timeline of events is also critical.
The possession of a Medical Marijuana license requires that the prosecution proves impairment, and not just that a driver has a certain level of THC in their system.
This Illinois DUI law 11-501(a)(7) section may be charged alongside other counts depending on the evidence available to the prosecution. All DUI cases have a lot of components that merit careful scrutiny by a qualified Illinois DUI lawyer, and one should not immediately assume an arrest requires a guilty plea.
Give us a call to see if we can help with your 625 ILCS 5/11-501(a)7 defense.