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What to do about being charged with marijuana impaired driving

It is against the law to drive a car while under the influence of marijuana in the state of Illinois. While this is true and in place to as a common safety measure, the use of marijuana for medicinal purposes has become as mainstream as becoming a law enforcement officer. While there are many people who now use it legally, there is an important question regarding the number of people who are “high” while behind the wheel.

After all, there is no established roadside test to determine if someone is legally impaired by marijuana. For example, to see if a person is under the influence of alcohol, a driver would be subjected to a breathalyzer test, or some type of other sobriety test. But this cannot be done to immediately detect marijuana use. 

Indeed, a responding officer can assert that a driver may exhibit the signs of being under the influence (e.g. swerving, inability to maintain balance), but these alone may not suggest that the person is a danger to themselves or to others.

Additionally, what is to happen to those people who are legally approved to ingest he drug? It is arguable that these drivers may be under the influence but may safely operate a motor vehicle, or have a higher concentration of THC in their blood compared to people who regularly medicate. Because of this, it is important for people charged with being “high” while driving should have an experienced criminal defense attorney at their side.

The preceding is not legal advice.

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Darryl A. Goldberg
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Chicago, IL 60602

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