In Illinois, people who have celebrated their 21st birthday are legally allowed to consume alcohol and cannabis. People cannot use alcohol or cannabis within their vehicles but are allowed to consume before driving. It is legal to drive after consuming cannabis and alcohol so long as the person is not impaired by the alcohol or cannabis or does not have more than a statutory per se limit for alcohol or Delta 9 THC from cannabis in the blood or urine.
How much is legally too much? This depends on the individual and a myriad of factors including but not limited to time passage, the amount consumed, the size and metabolism of the individual, and the strength of the alcohol or cannabis. In other words, it is difficult to know whether one is over the per se limit. People are not usually good judges of their own impairment level. As such, it is difficult to know if one is impaired by alcohol or cannabis. So, what should a person do?
Four Rules
Rule Number 1: Do not risk driving after consuming alcohol or cannabis.
Rule Number 2: If you break Rule Number 1, follow all traffic laws. For example, make sure your lights are working if required, your registration and license are valid, you signal all turns and lane changes, you turn into the closest lane depending on whether you are turning right or left, you make complete stops at stop signs and at red lights before turning right where allowed, you keep your seatbelt fastened, and you stay off your cell phone. This is not an exhaustive list.
Rule Number 3: If you break Rule Number 1 and Rule Number 2 and are stopped by police, pull over carefully and parallel to the curb. Provide license and insurance documentation if asked. You do not have to guess why the police officer initiated a traffic stop. You do not have to answer questions about where you are going or where you have been. You do not have to admit to having consumed alcohol or cannabis. You do not have to consent to a search of your vehicle. (A search will be conducted after your arrest if you are arrested.)
Carefully exit the vehicle only if asked. You do not have to answer any questions before, during or after your arrest. You do not have to perform field sobriety tests at the scene of the traffic stop or at the police station. You do not have to provide a breath, blood, or urine sample to police. You may suffer a driver’s license suspension for failing to provide a breath, blood, or urine sample to police. (It is often easier to overturn the driver’s license suspension if a person does not speak or perform field sobriety tests).
If you break Rule Number 1 and Rule Number 2 and are stopped by police, follow Rule Number 4.
Rule Number 4: if you are arrested for DUI in Cook or surrounding counties call or email Steven Herzberg and Herzberg Law Firm to provide a zealous defense against the charges. Steve has been practicing law for more than 22 years. He transitioned from a primarily civil practice to DUI defense before opening Herzberg Law Firm in 2017. Steve has focused his practice on DUI defense and defending against other traffic and criminal charges since March 2017. During those more than six years, Steve has successfully defended hundreds of clients against misdemeanor and felony DUI charges and earned hundreds of Statutory Summary Suspension rescissions for those clients.
*These thoughts are not meant to recommend or condone driving while under the influence of alcohol or cannabis.