Can I Be Charged With DUI if I Was Smoking Weed?

 Posted on July 31, 2025 in DUI

The culture around marijuana usage in Illinois has changed. With the legalization of recreational weed, smoking weed has become more accepted and less criminalized. However, driving while high can still warrant serious criminal charges. If you have been accused of DUI involving cannabis, you should get in contact with a Cook County criminal defense lawyer as soon as possible.

The Law Offices of Matthew R. Gebhardt, P.C. represents people who have been charged with various crimes, including driving under the influence. The legal proceedings of a DUI case can be overwhelming, so it is important that you get in contact with a skilled attorney as soon as possible. As a former prosecutor, Attorney Matthew Gebhardt knows how DUI cases and drug crimes are handled, and he can advise you at every step of the way.

Does DUI Only Refer to Drunk Driving?

At the mention of "DUI," most people tend to think of alcohol-related incidents. However, the definition of DUI in Illinois covers more than just that. Under state law, you could face DUI charges if you are impaired by a drug or intoxicating compound while behind the wheel.

You may also be charged with DUI based on the THC content in your body. Specifically, you could be charged with DUI for having five nanograms or more of THC in your blood, or more than 10 nanograms in other bodily fluids like saliva. However, THC can linger in your body for weeks depending on your metabolism, which can lead to false accusations of driving while high.

Illinois law outlines exceptions for "qualifying patients" who have been prescribed medical marijuana, as long as they are not impaired. If you have been arrested for driving under the influence of weed, you should assume that it will be treated just as seriously as alcohol DUI.

What Punishments Can I Face for Driving While High?

For a first offense, a charge of DUI – whether it involved drugs or alcohol – is a Class A misdemeanor. This type of misdemeanor is punishable by up to a year and jail, as well as a potential fine of up to $2,500. Keep in mind, if you have already been convicted of a DUI charge involving alcohol, a conviction of marijuana DUI will be treated as a repeat offense.  For a second offense, you may have to serve at least five days in prison or up to 240 hours of community service. 

Defending Against Marijuana DUI Charges in Lake County

Fighting a DUI charge involving marijuana may be more complicated than an alcohol-related charge. Since THC can remain in your system for a long time, you could face false accusations of driving under the influence based on a chemical test. Police officers may also conduct field sobriety tests to determine if you are under the influence, but these are not always reliable indicators of impairment.

At The Law Offices of Matthew R. Gebhardt, P.C., we will go over the details of your arrest to formulate a defense strategy. If you were pulled over without reasonable suspicion, for example, we could claim the traffic stop was not legal. We could also question the evidence against you, such as the accuracy of a THC test, or the legitimacy of a field sobriety test.

Contact a Libertyville, IL DUI Defense Lawyer

Have you been accused of driving while high? If so, you need strong legal representation. Our Lake County, IL criminal defense attorney is here to advocate for you in court, strategizing for an optimal outcome. Call The Law Offices of Matthew R. Gebhardt, P.C. at 847-239-4703 to set up a no-cost consultation.