Marijuana DUI in Joliet | Will County

Facing a marijuana DUI charge in Joliet or Will County can lead to serious penalties, including fines, jail time, and license suspension, even with Illinois’s legal cannabis laws. At Joliet Driver’s License Reinstatement Lawyer, led by Jack L. Zaremba with over 20 years of legal experience, we specialize in defending clients against cannabis DUI charges and handling reinstatement in Joliet, Plainfield, Lockport, Romeoville, and surrounding areas. Whether it’s a first-time offense or aggravated case, our team challenges evidence, negotiates reductions, and guides you through license restoration. Contact us today for a free consultation and protect your rights in Will County courts.

Is It Legal to Drive After Using Marijuana in Joliet?

Although marijuana use and possession are legal in Illinois, the laws governing marijuana DUIs (also known as cannabis DUIs) remain unchanged. It is illegal to drive or be in physical control of a motor vehicle while under the influence of cannabis or with excessive cannabis levels in your blood or bodily substances. In Joliet and Will County, where traffic stops on roads like I-80 or Route 30 are common, officers may charge you based on impairment observations or test results. Our Joliet attorneys help challenge these charges to avoid convictions and license impacts.

Legal Context of Marijuana in Illinois

Medical cannabis has been legal in Illinois since 2014, and recreational use became legal on January 1, 2020, for adults 21 and older. Possession is limited to 30 grams of cannabis flower and 500 mg of THC in infused products like edibles. THC is the psychoactive chemical in marijuana. In Will County areas like Joliet and Plainfield, legal possession doesn’t extend to driving impaired—violations can still result in DUI charges. Our firm provides defense tailored to these laws, focusing on local enforcement practices.

Medical Marijuana and DUI in Joliet

Medical marijuana users in Illinois who hold a valid medical cannabis card and are registered with the state are treated differently under DUI laws. For these individuals, the standard THC concentration limits (5 nanograms in blood or 10 in other bodily substances) do not apply. Instead, you can only be charged with a marijuana DUI if there is evidence of actual impairment, such as poor driving performance, failed field sobriety tests, or officer observations of slurred speech, bloodshot eyes, or erratic behavior. However, to qualify for this exemption, your medical marijuana use must comply with the Compassionate Use of Medical Cannabis Program Act, including possessing only the allowed amounts and not using it in a vehicle. In Joliet and Will County, where medical cannabis patients are common, improper use or non-compliance can still lead to charges. Our attorneys review your medical status and arrest details to build a defense emphasizing the exemption and challenging impairment claims.

Can I Be Arrested for Driving Under the Influence of Marijuana in Will County?

Yes, in Joliet, you may be charged with driving under the influence of marijuana under two laws:

Driving while under the influence of marijuana alone or combined with other drugs, meaning you’re incapable of safely driving (often based on police officer observations of impairment).
Driving with excess THC concentration: It’s illegal to drive with 5 or more nanograms of THC in your bloodstream or 10 or more nanograms in other bodily substances (e.g., saliva or urine) within 2 hours of driving or being in physical control of a vehicle.

A nanogram is a measurement of the substance in the body. A medical marijuana card holder and registered user is exempt from the THC concentration limit and can only be charged based on police observations of impairment, not THC levels.

What Are the Penalties for a Marijuana DUI in Joliet?

The potential criminal penalties for a cannabis-based DUI in Joliet are essentially the same as for an alcohol-based DUI and range from court supervision (a non-conviction disposition) to prison, depending on your prior record (including prior DUIs or criminal history) and aggravating factors (e.g., accidents with injuries or additional charges). A first offense is typically a Class A misdemeanor, with a maximum penalty of 12 months in jail and a $2,500 fine plus mandatory fees and court costs. At minimum, if found guilty, you must complete an alcohol/drug evaluation, risk education classes, possible treatment, attend a victim impact panel, and pay court assessments. In Will County, repeat or aggravated cases escalate to felonies with 1-3 years prison or more—our defense aims to minimize these outcomes.

Will I Lose My Driver’s License Due to a Marijuana DUI in Will County?

Yes, a marijuana DUI conviction in Joliet leads to license revocation: 1 year for a first offense, 5 years for a second within 20 years, 10 years for a third, and lifetime for four or more. Every DUI case has two aspects: (1) a statutory summary suspension based on chemical testing refusal or failure, and (2) the criminal charge of driving under the influence. The statutory summary suspension is imposed 46 days after receiving a Notice of Statutory Summary Suspension from law enforcement.

There are two types of statutory suspensions:

Based on Reasonable Suspicion (No Probable Cause for Arrest): Involves field sobriety tests (e.g., horizontal gaze nystagmus, walk and turn, one-leg stand) and roadside chemical tests (e.g., saliva test for THC).
- Penalties:
  - Refusal: 12-month license suspension
  - Failure: 6-month license suspension
- Ineligible for a Monitored Device Driving Permit (MDDP) during suspension.
Based on Probable Cause (Post-Arrest): Involves chemical testing refusal or failure after arrest (not field sobriety tests).
- Penalties:
  - Refusal: 12-month license suspension
  - Failure: 6-month license suspension
- Enhanced penalties for prior DUI or suspension within 5 years (including out-of-state offenses):
  - Refusal: 3-year license suspension
  - Failure: 1-year license suspension
- First offenders eligible for a Monitored Device Driving Permit (MDDP), unless also suspended for field sobriety test refusal/failure.
- Commercial Driver’s License (CDL) holders face:
  - 12-month CDL disqualification for refusal or failure (lifetime for second offense).
  - Enhanced disqualifications for hazardous materials endorsement.

What Is the Difference Between a Marijuana DUI and an Alcohol DUI in Illinois?

While penalties are similar, marijuana DUIs in Joliet focus on THC levels (5 ng blood/10 ng other substances) or observed impairment, unlike alcohol’s 0.08% BAC limit. Medical marijuana users are exempt from THC thresholds but not impairment charges. Detection differs: marijuana lingers in the system longer, making defenses like timing of use key. In Will County, both require evaluations, but cannabis cases may involve drug-specific tests—our attorneys exploit these differences for stronger defenses.

Can I Get a Restricted Driving Permit After a Marijuana DUI in Joliet?

Yes, for first-time marijuana DUIs in Will County, you may qualify for a Monitoring Device Driving Permit (MDDP) with an ignition interlock device (IID) after 30 days suspension, allowing unlimited driving. For refusals or repeats, a Restricted Driving Permit (RDP) is available after a hearing, limited to work/school. Our Joliet firm prepares applications and hearings to secure these permits during suspension.

How Can a Lawyer Help with a Marijuana DUI Case in Will County?

A skilled Joliet DUI lawyer can challenge the stop’s legality, test accuracy, or impairment evidence, potentially leading to dismissals or reductions. We review officer reports, footage, and lab results for errors. For reinstatement after conviction, we handle Secretary of State hearings, evaluations, and paperwork. With over 20 years of experience, Jack L. Zaremba offers tailored defense in Will County courts—contact us to fight your marijuana DUI and restore your license.

Conclusion

Marijuana DUIs in Joliet and Will County carry harsh penalties despite legal cannabis, but knowledgeable defense and reinstatement support can mitigate impacts. From understanding laws to challenging charges, Joliet Driver’s License Reinstatement Lawyer is your resource. Serving Joliet, Plainfield, Lockport, Romeoville, and beyond, contact us at jolietdriverslicensereinstatementlawyer.com for a free consultation today.

Disclaimer: This page is for informational purposes only and does not constitute legal advice. For personalized legal assistance, contact Joliet Driver’s License Reinstatement Lawyer at jolietdriverslicensereinstatementlawyer.com.