The state of Illinois passed a new law that made recreational marijuana legal as of January 1, 2020. However, citizens should understand the restrictions attached to it and how this relates to medicinal use, driving, and potential DUI charges. People aged 21 and over are allowed to purchase up to 30 grams (or 500 milligrams of THC-infused products) of the drug from licensed retailers. They can smoke the substance in their own homes and on the property of certain cannabis-related businesses. 

Regardless of the new law, motorists are not permitted to operate a vehicle while under the influence of drugs or alcohol. Penalties for this criminal offense can range from fines, loss of driving privileges, and prison. It is important to know that you can be charged with DUI after using marijuana, even though the effects of it may be different than alcohol. 

Medical Marijuana

Illinois residents who are authorized to use cannabis for medicinal purposes must be 18 or older and register with the Department of Public Health. They must obtain a written certification from a doctor who is licensed in Illinois. If that criteria is met, they will receive a registry identification card with a note on their Illinois driving record.

Learning how to drive is a rite of passage for most people. A driver’s license comes with the responsibility to uphold the rules of the road and drive safely. However, that is not always the case, and a driver can face serious consequences for breaking the law. There are several reasons why a motorist may have his or her driver’s license taken away. Actions such as driving under the influence of drugs or alcohol (DUI) or reckless driving can lead to a license suspension or revocation depending on the circumstances. Unfortunately, driver’s license reinstatement can be a long and complicated process. That is why it is best to seek professional legal counsel to represent you. 

Steps to Take to Get Your License Back

Reinstating your driver’s license after it was revoked is not as simple as paying a fine. The process for license reinstatement depends on why your license was revoked in the first place, in addition to other factors, such as your driving history. In Illinois, the Secretary of State’s office oversees vehicle registration and driver licensing authority, including reinstatements. The SOS Office will assess your case, and you will need to attend an SOS hearing and prove that you are not a danger to others on the road. 

Taking the following actions will help you recover your driving privileges in cases of a DUI:

According to statistics from the Centers for Disease Control and Prevention (CDC), 10,497 people died in alcohol-impaired driving crashes in 2016, accounting for 28 percent of all traffic-related deaths in the United States that year. One way of trying to prevent drunk driving crashes is by performing DUI stops. During this type of traffic stop, a police officer may ask an alleged drunk driver to submit to a series of tests to determine his or her level of impairment. A field sobriety test is used by police officers when a motorist is stopped for suspicion of driving under the influence of alcohol or drugs. However, the accuracy of these tests is often questioned. Consequently, it is important to note that a driver can refuse to submit to a field sobriety test without penalty in Illinois. 

What Do the Tests Involve?  

The Standard Field Sobriety Test (SFST) is a series of three tests that judge a person’s ability to perform certain tasks that require specific motor skills. Statistics show that these tests have been proven to confirm legal intoxication (.08 or higher BAC) in motorists suspected of drunk driving in 90 percent of cases if conducted properly by a law enforcement officer. 

The three tests that comprise the SFST are:

Driving under the influence (DUI) of drugs or alcohol is illegal in all 50 states. There is also no denying that drunk driving endangers not only the driver but other motorists on the road as well. According to the National Highway Traffic Safety Administration (NHTSA), an average of one alcohol-impaired driving fatality occurs every 51 minutes in the United States. 

A DUI charge carries severe consequences in Illinois. Some of the penalties can include fines, mandatory alcohol education classes, loss of driving privileges, or even jail time. Depending on the circumstances, however, a driver may be eligible for a monitoring device driving permit (MDDP). 

What Are the Qualifications for MDDP? 

In Illinois, a statutory summary suspension provides for the automatic suspension of driving

Driving under the influence (DUI) of drugs or alcohol is a serious offense in Illinois. Regardless if it is a first DUI or a repeat or aggravated DUI charge, the consequences are significant if convicted. Penalties can include jail time, steep fines, and/or suspended license. Upon conviction of DUI, the guilty party will have a mandatory revocation of his or her driver’s license. If a person’s license is revoked, it can impact his or her life significantly, especially if he or she does not have an alternate mode of transportation to get to and from work. This penalty is not permanent; however, as it is possible for an offender to have his or her driver’s license reinstated after a period of time and after certain conditions are met.    

What Is an Administrative Hearing?

A conviction of DUI will result in an administrative revocation of the offender’s driving privileges, effective immediately by the Illinois Secretary Of State (SOS). The driver may contest the revocation through an administrative hearing by filing a motion in court. The content of the hearing will include the following:

• Whether or not the person was actually arrested for DUI;
• Whether the arresting officer had reasonable cause to believe the arrestee was operating a motor vehicle while intoxicated;
• Whether the person refused to submit to chemical testing after being read his or her rights; or if the test showed a blood alcohol content (BAC) of 0.08 or higher;
• Whether the person was warned by the officer that his or her license would be suspended or revoked due to refusal to submit to testing; and
• If the driver’s license was revoked, whether or not the person was involved in a car accident that resulted in the death or personal injury of another person.

What Is a Restricted Driving Permit?

In some cases, a restricted driving permit could be issued depending on the offense and if the person can show a hardship. Hardships can include needing to go to work to support his or her family or go to doctor appointments or alcohol abuse treatment centers on a regular basis. However, the revocation cannot be reduced or modified, and a person convicted of DUI may have to complete additional requirements to receive a restricted driving permit, such as attending a drug/alcohol abuse program.