I have used this space a few times before to discuss the little known part of Illinois’ DUI law that makes it a DUI even if you are not under the influence, because a blood or urine test revealed that you had some amount of a narcotic in your system. (If you want to read more, look here and here).
Mr. Montini states, “What if you could get a DUI for having had a few drinks two weeks ago? Crazy, right? Except it’s happening. Not with alcohol, but with marijuana. Drivers from Arizona and at least nine other states, including Utah, Iowa, Indiana, Delaware and Rhode Island, are going to jail, paying big fines and losing their licenses after having gotten driving-under-the-influence citations when blood tests prove they were not high.”
He adds that Illinois is one of those states “where even the state Supreme [Court has] upheld DUI convictions of people not under the influence of anything.”
He sums it up by stating, “The risk of getting busted for a DUI charge when they are not impaired might cause some medical marijuana patients not to use the drug, no matter how much it helps them. Of course, it’s probably just a coincidence that the politicians who could revise the DUI statute hate the medical marijuana law. As does the county attorney. Coincidence. Yeah, that must be it.”
I am glad to see that a national publication like USA Today thought that this piece was worthy of a bigger audience.
What do you think?