I legally smoked cannabis in WA state. If I am pulled over in IL while sober, what are my options regarding implied consent?

Asked over 1 year ago - Urbana, IL

There is no evidence of alcohol or cannabis in the car and there was no reckless driving. I am asking in regards to situations like being pulled over for rolling a stop, having a technical malfunction (busted tail light), and/or being a 20-something driving on campus at night. I have a previous drug case that was dismissed after completing first-offender probation. Should I refuse a chemical test if I am asked to take one?

Attorney answers (5)

  1. Ted Harvatin

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . In IL, it is illegal to have any amount of cannabis in your "blood, breath or urine" while driving. If the police for instance smell it on your breath they can ask you to test. A refusal results in a 12 month suspension of your license and probably a DUI charge. Whether they can prove the case is a different story but you may find your license being suspended for a year.

  2. Judy A. Goldstein

    Contributor Level 20

    4

    Lawyers agree

    Answered . If you are pulled over for what you have described, it is not likely you would be required to take a chemical test.

  3. Steven H. Fagan

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . Generally, I advise against submitting to chemical testing, field sobriety testing, or answering any questions not directly related to your identity, registration and insurance.

    My answer is not an agreement for representation. No such agreement can be made with myself or my firm without an... more
  4. Alan James Brinkmeier

    Contributor Level 20

    3

    Lawyers agree

    Answered . I believe, based on what you posted, the answer is no.

    But, there is always a second side to every story. If so, take the matter to a local attorney to dig into the whole situation.

    Good luck.

  5. David William Lawler

    Contributor Level 1

    Answered . Based on your facts, the police would not have reasonable suspicion/probable cause to ask you to submit to any chemical testing. As stated below, I would generally counsel against agreeing to any chemical testing unless you are 100% positive there is no alcohol or drugs in your system. In general, always refuse chemical testing. The police are trained to use authoritative tones while speaking with civilians so many people believe they must submit to testing when in fact, they must do no such thing.

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