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Asiento asignado por el Registro Nacional de Asociaciones Español: Grupo 1º, Sección 1ª, Numero 600121 - NIF: G76556646 ...

Illinois Drugged Driving

In Illinois, a person is guilty of DUI if he or she drives under the influence of any drug or combination of drugs to a degree that renders the person incapable of safely driving, OR if there is any amount of a drug, substance, or compound in the person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis. 625 Ill. Comp. Stat. Ann. § 5/11-501(a) (West 2010).

(1) Driving under the influence of any drug or intoxicating compound

It is unlawful for a person to drive or operate a motor vehicle in Illinois if the person is under the influence of any drug or intoxicating compound to a degree that renders the person incapable of safely driving. Id. §§ 5/11-501(a)(3)-(4).

Affirmative Defense

The fact that the driver is or has been legally entitled to use a drug or intoxicating compound shall not constitute a defense. Id. §§ 5/11-501(b).

(2) Operating a motor vehicle while there is any amount of a drug in the person's body (per se law)

It is unlawful person to operate a motor vehicle while there is any amount of a drug in the person's breath, blood or urine. Id. §§ 5/11-501(a)(6).

NOTE: Actual impairment is not an element of this offense. Cannabis metabolites can be detected in a person's body up to one month after use, thus it is possible to be convicted of this offense weeks after a person last ingested cannabis.

Affirmative Defense

The fact that the driver is or has been legally entitled to use a drug or intoxicating compound shall not constitute a defense. Id. § 5/11-501(b).

Implied Consent

  • Any person who drives or is in actual physical control of a motor vehicle upon the public highways of Illinois shall be deemed to have given consent to a chemical test or tests of blood, breath, or urine for the purpose of determining the content of alcohol, drug, or intoxicating compound in the person's blood. Id. § 5/11-501.1(a). The officer shall choose which test(s) shall be administered. Id.
  • Refusal to submit to a chemical test will have their driver's license revoked and suspended. Id. § 5/11-501.6.
  • If a person under arrest refuses to submit to a chemical test evidence of refusal shall be admissible in any civil or criminal action or proceeding arising out the incident. Id. § 5/11-501.2(c)(1).

Penalties

  • First Offense – one (1) year loss of drivers license; possible imprisonment of one year; maximum fine of $2,500; DUI victim impact panel required. Id. § 5/11-501(c)(1).
  • Second Offense – fine of up to $2,500; minimum 5 year loss of drivers license; mandatory 5 days in jail or 30 community service days (if second offense was within a 5 year time frame); mandatory substance evaluation and treatment; possible imprisonment of up to one (1) year. Id. § 5/11-501(c)(2).
  • Third and Subsequent Offense Class 4 felony - 6 year loss of driving privileges; possible imprisonment for up to 3 years; fine of up to a $10,000; mandatory alcohol/drug treatment. Id. § 5/11-501(d).

Other Penalties & Penalty Enhancers

  • Driving with a passenger under 16 in the vehicle or in a school zone enhances penalties. Id. §§ 5/11-501(c)(3), (d)(1)(E).
  • Causing great bodily harm or permanent disability or disfigurement to another enhances penalties. Id. § 5/11-501(d)(1)(C).
  • DUI while the person knew or should have known that the vehicle was not covered by a liability insurance policy enhances penalty. Id. § 5/11-501 (d)(1)(I).

Sobriety Checkpoints

Illinois allows law enforcement officials to conduct roadblocks under the Federal Constitution.

  • If motorist acts to avoid a roadblock, such action may constitute reasonable suspicion justifying a stop. For example, if the driver fails to stop at the checkpoint, or the vehicle avoids the roadblock in a suspicious manner. However, law enforcement officials do not have the authority to stop all vehicles that seek to avoid a roadblock, particularly those that do so in a legal, and non-suspicious manner. People v. Scott, 660 N.E.2d 555 (1996).

Case Law

People v. Allen, 873 N.E.2d 30 (2007) – Where Arresting officer claimed defendant had breath which smelled like burnt cannabis, but stated it was impossible to tell whether defendant had any amount of cannabis in his breath or blood, and only other evidence was the admission that driver had smoked cannabis the night before, evidence was not sufficient to convict. Statute does not criminalize having breath that smelled like burnt cannabis. State needed some evidence that defendant had at least some cannabis in his breath, urine, or blood.

People v. Workman, 312 Ill. App.3d 305 (2000) – Officer's opinion as to whether a person is under the influence of drugs is circumstantial evidence that may be considered sufficient provided officer's relevant skills, experience, or training.

People v. Bitterman, 492 N.E.2d 582 (1986) --Influence of a drug or drugs is essential element of charge of driving under the combined influence of alcohol and drugs.

People v. Briseno, 799 N.E.2d 359 (2003) -- Evidence is sufficient to support conviction for DUI of cannabis if police officer detected odor of cannabis on defendant's breath and in defendant's car, and defendant admitted smoking cannabis before operating his motor vehicle.

People v. Shelton, 708 N.E.2d 815 (1999) – In order for police officer's opinion testimony regarding drug impairment to be admissible, the officer must have more than "limited training" in detecting drug use.

Per Se Drugged Driving Laws

Illinois has a zero tolerance per se drugged driving law enacted for cannabis, cannabis metabolites, and other controlled substances. (Illinois Compiled Statutes, Section 625 ILCS 5/11-501)

Violating the law is punishable by up to 12 months in jail upon conviction for a first offense.

Illinois Penalties


Incarceration


Fine

Possession

2.5 g or less

misdemeanor

30 days*

$1,500

2.5 to 10 g

misdemeanor

6 months*

$1,500

10 to 30 g

misdemeanor

1 year*

$2,500

30 to 500 g (first offense)

felony

1 - 3 years

$25,000

30 to 500 g (subsequent offense)

felony

2 - 5 years

$25,000

500 to 2,000 g

felony

2 - 5 years

$25,000

2,000 to 5,000 g

felony

3 - 7 years

$25,000

More than 5,000 g

felony

4 - 15 years

$25,000

*Eligible for 24 month probation with first conviction, dismissal of charges upon completion of probation.

Cultivation

5 plants or less

misdemeanor

1 year*

$2,500

5 to 20 plants

felony

1 - 3 years*

$25,000

20 to 50 plants

felony

2 - 5 years*

$25,000

More than 50 plants

felony

3 - 7 years

$100,000

*Eligible for 24 month probation with first conviction, dismissal of charges upon completion of probation.

Sale or Trafficking

Casual delivery (without sale)

see Possession

2.5 g or less
In school zone

misdemeanor

6 months*
1 year*

$1,500
$2,500

2.5 to 10 g
In school zone

misdemeanor
felony

1 year*
1 - 3 years*

$2,500
$25,000

10 to 30 g
In school zone

felony
felony

1 - 3 years*
2 - 5 years*

$25,000
$50,000

30 to 500 g
In school zone

felony
felony

2 - 5 years
3 - 7 years

$50,000
$100,000

500 to 2,000 g
In school zone

felony
felony

3 - 7 years
4 - 15 years

$100,000
$200,000

2,000 to 5,000 g

felony

4 - 15 years

$150,000

More than 5,000 g

felony

6 - 30 years

$200,000

Traffic more than 2,500 g across state lines

felony

double penalty

double penalty

Sale to minor 3 years younger than seller

felony

double penalty

double penalty

*Eligible for 24 month probation with first conviction, dismissal of charges upon completion.

Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc... )

Any conviction can cause additional fine of full street value.

 

Details

 

Possession of 2.5 grams or less of marijuana is a misdemeanor, punishable by up to 30 days in jail and a fine of up to $1,500. Possession of greater than 2.5 grams is punishable by up to six months in jail and a fine of up to $1,500. Possession of greater than 10 grams is punishable by up to one year in jail and a fine of up to $2,500.

All possession of greater than 30 grams is considered a felony. Possession of greater than 30 grams is punishable by 1 - 3 years in prison and a fine of up to $25,000. For a subsequent conviction, the penalty increases to 2 - 5 years in prison and a fine of up to $25,000. For possession of greater than 500 grams, the penalty is 2 - 5 years in prison and a fine of up to $25,000. For possession of greater than 2,000 grams the penalty is 3 - 7 years in prison and a fine of up to $25,000. For any possession of an amount greater than 5,000 grams the penalty is 4 - 15 years in prison and a fine of up to $25,000.

The cultivation of no more than five marijuana plants is a misdemeanor, punishable by up to one year in jail and a fine of up to $2,500. Cultivation of more than five plants is a felony, punishable by 1 - 3 years in prison and a fine of up to $25,000. Cultivation of more than 20 plants is punishable by 2 - 5 years in prison and a fine of up to $25,000. The penalty for cultivation of more than 50 plants is 3 - 7 years in prison and a fine of up to $100,000.

Casual delivery of marijuana is treated as possession. Manufacture or delivery of 2.5 grams or less is considered a misdemeanor and is punishable by up to six months in jail and a fine of up to $1,500, unless activity occurred in school zone, then up to one year in jail and a fine of up to $2,500. Manufacture or delivery of greater than 2.5 grams is punishable by up to one year in jail and a fine of up to $2,500 (in school zone: 1 - 3 years in prison and a fine of up to $25,000). For manufacture or delivery of greater than 10 grams the penalty is 1 - 3 years in prison and a fine of up to $25,000 (in school zone: 2 - 5 years in prison and a fine of up to $50,000). For manufacture or delivery of more than 30 grams the penalty is 2 - 5 years in prison and a fine of up to $50,000 (in school zone: 3 - 7 years in prison and a fine of up to $100,000). The penalty for manufacture or delivery of greater than 500 grams is 3 - 7 years in prison and a fine of up to $100,000 (in school zone: 4 -15 years in prison and a fine of up to $200,000). The penalty for manufacture or delivery of greater than 2,000 grams is 4 - 15 years in prison and a fine of up to $150,000. Any manufacture or delivery of amounts greater than 5,000 grams is punishable by 6 - 30 years in prison and a fine of up to $200,000.

Bringing more than 2,500 grams into the state for manufacture or delivery is considered trafficking and the penalties are doubled. Any sale to a minor at least three years younger than the seller also doubles the penalty and fine.

When convicted of a drug-related offense, the court may impose an additional fine of at least the full street value of the marijuana seized.

For any first conviction for possession of less than 30 grams, cultivation of any amount or manufacture or delivery of less than fifty plants, the court can defer judgment, place the offender on probation for 24 months and upon successful completion of the probation the court can discharge the proceedings.

 



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