What Happens In A DUI With Alcohol And Prescription Medication?
The person would definitely be charged under the section that deals with “any combination of alcohol and/or drugs”. There is a specific section number within the DUI section, I believe it is 1285, which deals with “any combination of drugs and alcohol.” It would cover more or less everything.
Would Possible Penalties Be Enhanced Or Would It Still Just Be A DUI?
It would still be a DUI, but it would just be under a different section number.
Is The Situation Any Different With Marijuana?
The situation would be a little different with real drugs like marijuana. If the person had any amount of marijuana in their system, they would be per se presumed, and it would be more or less un-rebuttable that it would be a DUI.
The law is horrible right now because marijuana can stay in the person’s system for anywhere from 4 to 5 weeks. The person may have smoked 4 to 5 weeks ago, but then got pulled over. They may happen to have an allergy going on with red eyes, and they may be coming home from work at 2 in the morning, so the officer would have them blow and they would obviously blow a 0 because they had not been drinking. The officer would then have the person take a urine test or a blood test, and since the marijuana, they smoked a month ago would still be in their system, they would end up with a DUI.
There is a lot of discussion about this law being changed because medical marijuana is being authorized in Illinois, and this would create problems for them which is why the law would need to change. There would need to be some sort of analysis so they could say they considered a certain level of cannabis in the person’s system to be active and causing impairment, like it is 0.08 for alcohol, although they have not gotten that far yet.
For drugs like prescription drugs, they would have to show that firstly, the person was taking these prescriptions drugs, regardless of whether or not they had authorization, and they would have to show the drug was impairing the person’s ability to do normal things.
Just because someone was taking a Norco would not mean they would automatically get a DUI, although the person could be found guilty if the judge felt that was what was causing the impairment, which is why people need to be aware of these things.
Is There Same Penalty For Prescription Drug DUI And Alcohol DUI In Ilinois?
It would be exactly the same. It would be a class A misdemeanor, which would be 3 years in jail and a $2,500 fine.
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