Video transcript
The Misconception of “Legal” Cannabis and Driving
Getting behind the wheel of a car after you’ve been smoking marijuana is a potential life changing decision. I’ve been a prosecutor almost 39 years now. Cannabis impaired driving is driving under the influence to the degree that you cannot operate a vehicle safely. The perception is because it’s legal, people just assume, okay, it, it’s, it’s okay, to drive after using it. It’s not okay.
Potential Prison Sentences
If somebody gets hurt as a result of that decision, you could go to prison for up to 12 years. If someone dies as a result of that decision, you could go to prison for up to 14 years. More than one death, and it can be up to 28 years in the Department of Corrections.
The Public Risk: It’s Not Just Your Life
People can get killed, not just the driver who’s under the influence, but you put the public at tremendous risk when you get behind the wheel of a car under the influence of marijuana.
The Pilot Comparison: Would You Feel Safe?
I think about it this way, would you get on an airplane, if you knew that the pilot had been smoking marijuana and was under the influence? Of course not. It’s no different operating a motor vehicle. You are going to pass tens or hundreds of vehicles and pedestrians on the roadway. Every one of them is in danger. If you are under the influence. The police have different ways of detecting whether someone is under the influence of marijuana, they’re going to use their training. Many police officers are trained as drug recognition experts. They have specialized training, and they can detect whether someone is under the influence of marijuana.
Long-term Personal & Career Consequences
Beyond what happens in court. There are serious consequences for a DUI that will affect you the rest of your life. If you’re convicted, you will lose your driver’s license for a period of time. That conviction stays on your record for the rest of your life, and it’s something that you’re gonna have to report every time you apply for a job. Whether you’re applying for school, that’s something that stays with you for the rest of your life. In addition, your insurance rates are going to go up. In fact, you may have to get high risk insurance. It’s gonna cost a lot of money. So there are serious consequences beyond the public safety aspect of it, your serious personal consequences that will affect you for the rest of your life.
A Message for Parents: Driving is a Privilege
Parents have to educate their children about driving a driver’s license is not a right. It’s a privilege. And with that privilege comes a lot of responsibilities. There’s 102 counties in the state of Illinois and I know that every state’s attorney in this state shares my belief that one of the most dangerous things we can see is someone driving under the influence and, and the danger that it poses to the public.
The Bottom Line: Just Don’t Drive
So the bottom line is don’t drive after consuming marijuana, whether you’re smoking it, whether you’re ingesting it, just don’t drive. It’s really that simple.
A Cannabis DUI: Completely Avoidable Consequences
If you choose to drive while impaired, you are putting yourself at significant legal risk and liability. It is a myth that driving under the influence is legal, safer, or less risky than driving while drunk.
Watch the video and hear directly from the DuPage County State’s Attorney’s Office about the legal consequences of driving while high.
These are the facts:
- If you are high, get in an accident, and someone gets hurt, you could go to prison for up to 12 years. If someone dies, your sentence can be as long as 14 years.
- If you are driving under the influence and cannot safely operate your vehicle, you can be charged and convicted of a DUI. Because if you’re high, it’s still a DUI.
This is the law:
- Under state law, it is illegal to drive a car if you have consumed a product that “renders the person incapable of safely driving.”
- It is illegal for any driver or passenger to use cannabis in a vehicle.
- If you are pulled over for your driving and the police suspect you are under the influence, they can administer field sobriety testing and/or validated roadside chemical tests.
Did you know:
- In Illinois, Implied Consent is the law: a driver automatically consents to submit to certain tests, including breath, blood, or urine tests, to determine whether they are driving under the influence. Refusal to submit to testing or failing the tests will result in the suspension of your driver’s license.
Illegal Transportation/Open Container Laws: You’ll lose your license if you’re under 21
- Everyone knows it’s illegal, dangerous and stupid to have an open container of alcohol in your car. The same is true for cannabis.
- Cannabis must be in a secured, sealed, or resealable, odor-proof, child-resistant cannabis container that is inaccessible. If the offender is under the age of 21, there is a mandatory suspension of driving privileges for 1 year for a first offense.
|
Item |
Costs |
Final Cost |
|---|---|---|
|
Insurance |
High-risk insurance. (Additional $2,000 per year, required for three years.) |
$6,000 |
|
Legal Fees |
Uncontested plea and hardship driving permit. |
$2,000 – though costs and fees may vary |
|
Court Costs |
Fine of up to $2,500. Court costs — $750. Reimbursements to law enforcement, towing and storage fees — $250. Trauma Center Fund — $100. |
$3,600 – though costs and fees may vary |
|
Income Loss |
Loss of four weeks income due to jail or community service, evaluations, and remedial education classes. (Loss based on average yearly income of $55,000.) |
$4,230 |
|
Rehabilitation |
Remedial substance abuse class; counseling fees; evaluations for the courts and Secretary of State. |
$300 |
| Driver’s License Reinstatement |
$500 plus $30 for a new license; Formal hearing fee — $50. |
$580 |
|
Ignition Interlock (BAIID) |
Breath alcohol ignition interlock device: installation $100, yearly rental $960, yearly monitoring $360. |
$1,420 |
| Total Average Cost Projected By Illinois Secretary of State (2024 Illinois DUI Fact Book): | $18,130 |
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