Here in Illinois, any amount of drug that impairs the driver’s ability to safely operate a vehicle is enough for a DUI arrest. Having a prescription is not a defense to the charge.
To succeed in a case of driving under the influence of drugs, the prosecution has to prove that the drugs caused a driver’s impairment. However, the presence of any prohibited drugs, at any quantity, is enough for a charge under a separate section of the law. This is a “strict liability” crime, which means that proof of the drug is enough to support a conviction. Any trace of marijuana, cocaine, heroin, or even legally prescribed narcotics can be the basis for a DUI conviction.
An arrest for DUI can be charged as either a misdemeanor or felony offense. The specific circumstances of the case will determine how it’s charged.
The type of drug involved, whether the person charged has prior convictions, and the actions of the arrested driver will all contribute to whether it will be charged as a misdemeanor or felony.
Penalties for being convicted of a DUI can include jail or prison time, forfeiture of the offender’s vehicle, suspension or revocation of the offender’s license, installation of a Breath Alcohol Ignition Interlock Device (BAIID), large fines, community service, or drug and alcohol counseling. First time offenders can face this wide array of penalties as well.
Although the first-time offender may have options that a repeat offender does not, there will still be a significant penalty upon conviction.
As in a DUI for alcohol, you will be facing Statutory Summary Suspension of you license, as well as facing the DUI drug charges.
I can fight on your behalf for both of these matters. With respect to the Statutory Summary Suspension, I will seek to have that suspension rescinded. If this is not possible, I will seek to secure a Monitored Device Driving Permit so that you will have at least some driving privileges during the suspension period.
I will also vigorously contest the DUI drug case on your behalf. This may include going to trial to beat those charges or negotiating to secure the least possible sentence for your individual case. I will also fight to throw out any evidence that was improperly obtained, and, if there is a basis for doing so, even seek to have all charges dismissed.
Your case is unique. I bring years of experience to help every client and work tirelessly in securing the best outcome possible.
Call me for a free consultation and learn how I can help you. I offer affordable fees and accept payment by credit card.
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