Much focus is on drunk driving. Even though motorists know theyshould not drive after drinking, many do anyway. This often leads to serious accidents.

Now that recreational marijuana use is legal in many states—including Illinois—it is important for motorists to understand that drugged driving is against the law as well. If a person is pulled over for driving recklessly and is found to have drugs inhis or her system,he or she could face DUI charges, regardless of whether or nothe or she isat the legal limit.

However, measuring the amount of drugs in one’s blood is easier said than done. There is no 0.08 percent blood alcohol content (BAC) equivalent for marijuana and other drugs. Plus, unlike alcohol, drugs can stay in a person’s body for weeks after use.

Getting behind the wheel in Illinois while under the influence of alcohol and/or other drugs is illegal. However, for the past few decades educational campaigns aimed at deterring drivers from driving under the influence have focused almost exclusively on the evils of drunk driving while largely ignoring the various problems associated with driving while under the influence of drugs. Perhaps this is because, up until recently, police officers have had a reliable tool at their disposal to detect alcohol in a driver’s system (the breathalyzer) while they lacked such an instrument to conduct roadside testing for drugs. However, it seems that this is about to change as at least one Illinois police department plans to begin roadside drug testing in the upcoming months.

The New Test

According to the Chicago Tribune, Carol Stream police officers plan to be the first department in Illinois to implement a new roadside test to determine if drivers are under the influence of one or more drugs. Reportedly, the new roadside test will be able to detect marijuana, cocaine, methamphetamines, amphetamines, and opiates such as heroin via a chemical test.

Did you know that in Illinois it is illegal to operate a boat while under the influence of drugs or alcohol? Many peopledo not realize that, from a legal point of view, operating a boat is comparable to driving a car and that those caught operating a watercraft while under the influence can be charged with boating under the influence (BUI), which carries similar penalties to a driving under the influence (DUI) conviction.

625 ILCS 45/5-16: Operating a Watercraft Under the Influence

Section 625 ILCS 45/5-16 of the Illinois Compiled Statutes (aka Illinois’ boating under the influence statute) states that it is illegal to be in actual physical control of a watercraft in Illinois while you:

We all know that it is illegal to operate a motor vehicle in Illinois with a BAC of 0.08 percent or more. Yet did you know that drivers who are under 21 years of age can get in trouble for driving under the influence if they have any detectable amount of alcohol in their system? This is because Illinois has what is known as a zero tolerance driving under the influence policy.

Illinois’ Zero Tolerance Policy

As noted on the Office of the Illinois Secretary of State’s website, a driver who is less than 21 years old and is caught with even a trace amount of alcohol inhis or her system can get into a lot of trouble under Illinois’ zero tolerance law. Exactly how much trouble a young driver can get in depends on how much alcohol they are found to have consumed before getting behind the wheel. For example, a person who is under 21 can be charged with a DUI (aka driving under the influence) ifhe or she iscaught with:

If you or a family member is pulled over, should you consent to taking a breathalyzer test? This is a common question and, in truth, the answer is—it depends. This is because each case is different and your circumstances may have presented a scenario where refusing a Breathalyzer test was appropriate, or vice versa.

Under Illinois Law, when you obtain a driver’s license you are impliedly consenting to take a Breathalyzer test if you are requested by a police officer to do so. This implied consent is codified in state statute 625 ILCS 40/5-7.1.

Even with the existence of an implied consent law, you have the right to refuse a Breathalyzer test, but the ramifications can be quite severe. For example, if you are convicted of a DUI and you refused to take a breathalyzer test, then your driver’s license will be suspended for at least one year.