Elk Grove Village, IL asked in DUI / DWI for Illinois

Q: my stepson pulled over for pot dui took blood test results not in yet most likely positive what can we expect.

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1 Lawyer Answer
Gary W. Wangler
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  • DUI & DWI Lawyer
  • Belleville, IL
  • Licensed in Illinois

A: Under current Illinois statutes, driving under the influence of marijuana requires blood levels of five or more nanograms of THC or a saliva test measuring ten or more nanograms of THC. Trace amounts no longer constitute "positive" test results. Your stepson should just wait for the lab results. In the meantime, he should arrange for a substantial amount of cash to be held by a relative or trusted friend in case he is arrested and needs to post bond. The most important thing to keep in mind is to keep his mouth shut and avail himself of his constitutional right to remain silent. His attorney can always challenge the test results in various ways, so your stepson shouldn't make the lawyer's job difficult or impossible by admitting when he last used the drug or how much he used.

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