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breath testing, Crystal Lake criminal defense attorney, DUI, field sobriety testing, marijuana breathalyzerOne of the biggest issues with the recent tide of marijuana legalization across the country, including medical marijuana in Illinois, is how to handle people driving under the influence of marijuana. While that was a problem before the drug was made legal, the increased access to it will likely mean a spike in people driving while high. The current Illinois law is murky on the subject. There is ordinarily a zero tolerance policy for people driving under the influence of marijuana in the state, but if the person is a registered medical marijuana user, they are only guilty of a DUI if his or her driving is “impaired.”

This system sets up a highly subjective standard where police and the courts have to determine on a case by case basis what "impaired" means. Compare this with a DUI for alcohol, where there is a clear legal limit of 0.08 blood alcohol content. While the law is still some ways away from implementing a bright line rule like that for cannabis, researchers may already be moving in that direction by designing a marijuana breathalyzer.

What is being Developed

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Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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