Chicago Criminal Lawyer Blog
Driving under the influence in Illinois doesn’t always involve alcohol. In recent years, the rise of synthetic cannabinoids like K2 and Spice has presented a growing concern for law enforcement in Chicago and surrounding counties. While many drivers assume these products are legal or undetectable, the truth is far more severe: being impaired by synthetic cannabinoids while operating a vehicle can lead to a DUI arrest — and a criminal conviction.
These types of charges can be difficult to understand and even harder to fight, especially when law enforcement and prosecutors rely on officer testimony instead of hard scientific proof. Here’s what every Chicago-area resident needs to know if they are accused of driving under the influence of synthetic cannabinoids.
How Illinois Law Defines DUI Involving Synthetic Cannabinoids
The Illinois DUI statute, 625 ILCS 5/11-501, makes it illegal to drive under the influence of alcohol, drugs, intoxicating compounds, or any substance that impairs your ability to operate a vehicle safely. The law is intentionally broad. It doesn’t require the substance to be alcohol, marijuana, or even a controlled substance. If the driver is “under the influence” to the point where they can’t drive safely, they can be arrested for DUI.
Synthetic cannabinoids — often sold as “herbal incense” or “legal weed” — are man-made chemicals designed to simulate the effects of marijuana. They’re marketed under brand names like K2, Spice, and Scooby Snax, and are typically sprayed onto plant material for smoking. These substances are illegal in Illinois under 720 ILCS 570/204(d), which classifies many synthetic cannabinoids as Schedule I controlled substances.
Because of their unpredictable effects — which can range from mild euphoria to severe psychosis — driving after using synthetic cannabinoids is viewed by police and prosecutors as an immediate threat to public safety.
Common Scenarios That Lead to Synthetic Cannabinoid DUI Arrests
In Chicago, a synthetic drug DUI often begins with a minor traffic infraction. A driver may be pulled over for running a red light, drifting between lanes, or making an unsafe lane change. If the driver appears dazed, disoriented, or confused — but passes a breath test for alcohol — the officer may suspect drug impairment.
Officers may ask whether the driver has used marijuana or other substances. If the driver admits to using a synthetic product or if packaging is found in the vehicle, that can lead to further suspicion.
Since standard field tests and breathalyzers aren’t designed to detect synthetic drugs, police frequently call in a Drug Recognition Expert (DRE). This officer performs a series of physical and observational tests to evaluate whether the person appears impaired by drugs.
If the DRE or arresting officer believes impairment is present, they may arrest the driver for DUI — even without a lab test confirming drug use.
Are These Charges Treated Like Alcohol DUIs?
Yes. In fact, a synthetic cannabinoid DUI is often treated more seriously than a traditional alcohol DUI because it involves illegal drug use. A first offense is typically charged as a Class A misdemeanor, which carries penalties that may include:
-
Up to one year in jail
-
Up to $2,500 in fines
-
Mandatory drug treatment or education classes
-
Driver’s license suspension for at least 6 months
-
Installation of a Breath Alcohol Ignition Interlock Device (BAIID) upon license reinstatement
However, aggravating circumstances can raise the offense to a felony, such as:
-
A third DUI offense
-
Causing an accident or injury while impaired
-
Driving with a suspended or revoked license
-
Having a minor child in the vehicle
These offenses may be charged as Class 4 felonies or more serious under 625 ILCS 5/11-501(d), with penalties that can include 1 to 3 years in prison, significant fines, and long-term license revocation.
What Happens If You’re Convicted?
If you’re convicted of DUI based on synthetic cannabinoids, the conviction will appear on your criminal record and driving record permanently. Illinois does not allow DUI convictions to be expunged or sealed — they are public, permanent, and damaging.
Conviction also means:
-
Difficulty finding employment
-
Risk of being denied housing
-
Problems obtaining professional licenses
-
Increased insurance premiums
-
Possible immigration consequences for non-citizens
In short, even if it’s your first DUI and no accident occurred, a synthetic cannabinoid DUI conviction will affect your life for years. That’s why it’s essential to understand the defenses available and the steps you can take to protect your record.
How Do You Defend Against Synthetic Cannabinoid DUI Charges?
Unlike alcohol DUI cases, where breathalyzer results often play a central role, synthetic drug DUIs typically rely on subjective police observations. This gives your defense attorney several possible strategies to challenge the prosecution’s case.
No Chemical Evidence: In many cases, synthetic cannabinoids aren’t detectable in standard blood or urine tests. Without a confirmed lab result, the state must rely on field sobriety tests or officer opinions — both of which are open to challenge.
Inaccurate Observations: Officers often misinterpret symptoms of fatigue, mental illness, anxiety, or medical issues as signs of impairment. Your defense may introduce expert medical testimony or challenge the officer’s training.
Improper Testing Protocols: Field sobriety tests must be properly administered and interpreted. A good attorney will investigate whether the tests were performed under fair conditions and whether the officer was qualified to judge them.
Unlawful Stop or Arrest: If the traffic stop or arrest lacked probable cause, any evidence gathered may be inadmissible in court. This is often one of the strongest angles for defense, especially in drug-based DUIs.
Possession vs. Impairment: Finding a package of K2 in the car doesn’t prove you were impaired. The prosecution must prove you were under the influence while driving — not just that you had access to the drug.
The Role of an Attorney in Protecting Your Rights
From the moment you’re pulled over, the police are building a case against you. Anything you say, any movement you make, and anything found in your car may be used as evidence. This is why having an experienced defense attorney is not just important — it’s essential.
Your attorney will review the police report, bodycam footage, witness statements, test results, and officer testimony. They may file motions to suppress key evidence or move to dismiss charges altogether if your rights were violated.
An experienced DUI defense lawyer also knows how to work with local prosecutors to negotiate favorable outcomes — such as reduced charges, alternative sentencing, or treatment-based diversion programs.
Without legal representation, you may unknowingly plead guilty to a charge that could have been beaten or reduced. Don’t make that mistake.
Why Choose The Law Offices of David L. Freidberg
At The Law Offices of David L. Freidberg, we’ve spent decades defending clients against DUI and drug-related charges throughout Chicago and the surrounding counties. We understand how these cases work, how prosecutors build them, and how to challenge weak or speculative evidence in court.
Whether you’re facing your first arrest or have prior convictions, we will fight to protect your rights, challenge the state’s case, and pursue every available defense. Our clients receive one-on-one attention, thorough investigation, and an aggressive courtroom strategy aimed at getting the best possible result.
Call Now – The Law Offices of David L. Freidberg Is Ready to Help
If you were arrested in Chicago for DUI, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.
Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.
