Frankfort DUI Charges Involving Cannabis or Other Drugs

What the statute actually says

Under 625 ILCS 5/11-501(a), a driver may be charged for several separate reasons, and any one is enough:

• An alcohol concentration of 0.08 or more.
• Being under the influence of alcohol.
• Being under the influence of an intoxicating compound or another drug to a degree that makes safe driving impossible.
• Any amount of a controlled substance, an intoxicating compound or methamphetamine in breath, blood or urine from unlawful use.
• Within 2 hours of driving, a THC concentration of 5 nanograms or more per milliliter of whole blood, or 10 nanograms in another bodily substance.

The statute adds that a medical cannabis patient with a valid registry card is not charged under the THC limit unless impaired. Legal entitlement to use alcohol, cannabis or a drug is also not a defense to the charge (11-501(b)).

How officers test for cannabis

The Vehicle Code lets officers use validated roadside chemical tests or the standardized field sobriety tests approved by the National Highway Traffic Safety Administration when they suspect cannabis (625 ILCS 5/11-501.2(a-5)). The 5 nanogram figure is for whole blood, and the statute uses 10 nanograms for other bodily substances, so the type of sample matters. The cannabis DUI page covers those distinctions, and the field sobriety tests page explains the roadside part.

Prescriptions

A person taking a prescription medicine as directed can still be charged if the medicine impaired driving. The prescription drug DUI page goes through the issues. What matters is evidence of impairment and what the substance is, not whether a doctor approved it.

Who must collect and analyze the sample

A chemical result is only usable under the statute if the analysis followed standards set by the Illinois State Police and was performed by a licensed physician, registered nurse, trained phlebotomist, licensed paramedic or another person holding a State Police permit (625 ILCS 5/11-501.2(a)). A blood draw at an officer's request may be done only by a physician, physician assistant, advanced practice registered nurse, registered nurse, trained phlebotomist, paramedic, or another qualified person the State Police approve. Those requirements apply to drug cases as much as alcohol cases, and they are a routine thing for Jeff to check against the lab paperwork.

The two hour window

The THC rule counts concentration within 2 hours of driving or being in actual physical control. A draw taken much later raises a fair question about what the number says about the time of driving. The timeline from the stop, to the arrival at the hospital or station, to the draw, is therefore among the first things Jeff puts on paper. Bring any receipts, texts or timestamps that show when things happened.

After the stop

The Frankfort Police Department makes stops in the village. If a driver refuses a chemical test, the suspension period and the permit rules differ from a failed test, so start with the after a DUI arrest page and the first offense DUI page. A blood draw at a hospital has a cost aspect too: a person found guilty may be liable for the expense of a blood withdrawal of up to $500 in certain cases (625 ILCS 5/11-501.01(j)).

Frankfort is in Will County, so the case is heard at the Will County Courthouse in Joliet. More about the village is on Areas We Serve: Frankfort.

Reviewed by Jeff McCarthy, Attorney, Inspired Law Group, 136 E 9th St, Lockport, IL 60441.