Driving Under the Influence of Synthetic Drugs in Chicago

In the heart of Illinois, Chicago law enforcement officers are cracking down not only on alcohol and illegal drugs but also on synthetic cannabinoids like K2 and Spice. These substances are often sold under the misleading premise that they’re legal or “safe” alternatives to marijuana, but make no mistake — if you’re pulled over in Chicago and suspected of being impaired by synthetic drugs, you can be arrested and charged with DUI just like someone under the influence of alcohol.

Under Illinois law, DUI doesn’t require alcohol. The Illinois Vehicle Code allows for a DUI charge if you’re impaired by any intoxicating compound or controlled substance. That includes synthetic cannabinoids, which have increasingly become the basis for DUI arrests across the city and surrounding counties, including Cook, DuPage, Will, and Lake.

Being arrested for DUI based on synthetic cannabinoids is serious. These charges can be misdemeanors or felonies depending on the circumstances, your criminal history, and whether someone was hurt. Prosecutors treat these cases aggressively. That’s why, if you’re facing DUI charges involving K2 or Spice in Illinois, you need to act fast to protect your rights.

How Illinois Law Treats DUI Impairment from Synthetic Cannabinoids

Illinois DUI law is codified in 625 ILCS 5/11-501, which makes it illegal to operate a vehicle while under the influence of alcohol, drugs, or any combination that renders you incapable of driving safely. This includes:

Controlled substances (like heroin, cocaine)
Intoxicating compounds (like aerosol sprays, nitrous oxide)
Cannabis — including THC-infused edibles and oils
Synthetic cannabinoids such as K2 and Spice

Synthetic cannabinoids are covered under 720 ILCS 570/204(d) and 720 ILCS 646/, which criminalize possession and use of various forms of man-made cannabinoids. These substances may not be detected in standard drug tests, but that doesn’t mean you’re in the clear. Illinois law focuses on impairment, not just test results.

A first-time DUI is usually charged as a Class A misdemeanor, punishable by up to 364 days in jail, fines up to $2,500, mandatory DUI classes, and loss of driving privileges. But if someone is injured, if there’s a child in the car, or if you have prior convictions, the charges can quickly escalate to a Class 4 felony or higher under 625 ILCS 5/11-501(d) and 625 ILCS 5/11-501(c).

A conviction can mean mandatory jail time, a felony record, license revocation, and long-term restrictions on employment, housing, and firearm rights.

How DUI Investigations Begin in Illinois

Most synthetic cannabinoid DUI cases in Illinois start with a routine traffic stop. A Chicago police officer or Illinois State Trooper might notice weaving, speeding, or erratic driving. Once stopped, the officer will observe your behavior: bloodshot eyes, slurred speech, or confusion. If you appear impaired but your breath test is negative for alcohol, they may suspect drug use — particularly synthetic drugs.

You may be asked to perform field sobriety tests or submit to a Drug Recognition Expert (DRE) evaluation. These evaluations are highly subjective and not always scientifically reliable. If the officer believes you’re impaired, they can arrest you even without a positive drug test.

After the arrest, you’ll likely be taken to a police station where urine or blood tests may be administered. Synthetic cannabinoids often go undetected in standard tests, but this does not stop prosecution. Under Illinois law, an officer’s testimony about your behavior, coupled with a DRE evaluation or other circumstantial evidence, can be enough to support a charge.

What Evidence Law Enforcement Looks For in Synthetic Cannabinoid DUI Cases

Police in Illinois build their cases using various types of evidence, even if no drug is found in your system. This may include:

Officer observations: signs of confusion, paranoia, sweating, or delayed reactions
Field sobriety test results: walk-and-turn, one-leg stand, horizontal gaze nystagmus
Body camera or dashcam footage of your behavior
Statements you make during the stop
Drug paraphernalia or packages found in the car
Eyewitness accounts of reckless driving
Drug Recognition Expert (DRE) evaluations

Because synthetic drugs can have unpredictable effects — sometimes causing hallucinations, anxiety, or sedation — law enforcement often attributes any odd behavior to impairment. Unfortunately, these assumptions are frequently flawed.

If you’re facing charges based on these kinds of observations, it’s critical to have a seasoned attorney who can challenge the reliability and admissibility of the evidence used against you.

The Criminal Court Process and Trial Defense in Illinois DUI Cases

Once you’re arrested and charged, your case will follow a series of procedural steps in the Illinois criminal court system. Each phase requires close legal guidance to protect your rights and prepare your defense.

First is the arraignment, where you enter a plea and a judge sets bond or bail. Your attorney may also challenge the validity of your arrest or testing procedures at this stage.

Next is the discovery phase, where your attorney obtains and reviews all evidence the prosecution intends to use against you. This includes bodycam footage, officer reports, test results, and witness statements.

Then comes pre-trial motions, which may seek to suppress unlawfully obtained evidence, dismiss improper charges, or challenge the qualifications of a DRE.

If the case proceeds to trial, the burden is on the prosecution to prove beyond a reasonable doubt that you were impaired while operating the vehicle. Your attorney will present evidence, cross-examine witnesses, and argue for acquittal.

Finally, if convicted, sentencing occurs — and your attorney will argue for the most lenient outcome possible, such as probation or treatment instead of jail.

Potential Defenses to Synthetic Cannabinoid DUI Charges in Illinois

Several legal defenses can be raised in DUI cases involving synthetic cannabinoids. One common approach is to challenge the reliability of the field sobriety tests or the DRE’s conclusions, especially if no chemical test confirms impairment.

Another defense involves questioning the probable cause for the stop or arrest. If police lacked a legal basis for pulling you over, any evidence they obtained afterward could be excluded.

Your attorney may also argue that signs of impairment were caused by medical conditions, prescription medication, or fatigue — not synthetic drug use.

In some cases, the defense may argue there is insufficient evidence to establish impairment beyond a reasonable doubt. The prosecution’s case may rest heavily on subjective observations, which can be rebutted with expert testimony and factual inconsistencies.

Why You Need a DUI Defense Attorney in Chicago

A DUI conviction based on synthetic cannabinoids can destroy your future. Even a first offense can cost you your license, your job, and your reputation. Without a skilled attorney, you may unknowingly waive critical rights or fail to challenge flawed evidence.

Your attorney’s job is to protect you at every stage of the process — from questioning the initial stop to suppressing unlawful evidence to negotiating reduced charges or fighting for acquittal at trial.

This isn’t something you should face alone. Prosecutors have experience and resources. So should you.

What to Look for in a Criminal Defense Lawyer in Illinois

Not all lawyers are equipped to defend against synthetic cannabinoid DUI charges. You need someone who has handled these types of cases specifically and understands how prosecutors pursue them in Cook County and beyond.

Look for an attorney who regularly defends DUI cases involving non-alcohol impairment, challenges DRE testimony, and has experience litigating motion hearings and trials in both misdemeanor and felony courtrooms.

You’ll want someone who is responsive, aggressive, and knows the local courts, prosecutors, and judges.

Questions to Ask at Your Free Consultation

When you meet with a DUI defense attorney, ask questions that help you evaluate their experience and approach. Some of the most important include:

How many synthetic cannabinoid DUI cases have you handled?

Have you successfully challenged DRE evaluations or drug-based DUI charges?

What’s your approach to suppressing evidence in these types of cases?

What results have you achieved in similar cases?

Do you personally handle my case or will it be passed to someone else?

What are the possible outcomes in my case?

What is your fee structure?

FAQs – Synthetic Drug DUI Charges in Chicago, Illinois

Can I Be Charged with DUI in Illinois Even If No Drug Shows Up on a Test?
Yes. Illinois DUI law focuses on whether you were impaired while driving. If an officer believes you showed signs of impairment consistent with synthetic drug use — such as erratic behavior, slurred speech, or poor coordination — they can charge you even if chemical tests come back negative.

Are Synthetic Cannabinoids Like K2 and Spice Illegal in Illinois?
Yes. Under 720 ILCS 570/204 and 720 ILCS 646, possession and use of synthetic cannabinoids are illegal in Illinois. Their chemical composition may vary, but prosecutors will charge them under controlled substance laws and, if you were driving, under DUI statutes as well.

What Happens to My Driver’s License After a Synthetic Cannabinoid DUI Arrest?
After an arrest, the Illinois Secretary of State may issue a statutory summary suspension of your license, even before you go to court. You can contest this at a hearing, but time is limited. If convicted, you face longer license revocation periods and costly reinstatement requirements.

Can I Be Charged With a Felony for DUI on K2 or Spice?
Yes. A first offense is typically a misdemeanor, but DUI can be upgraded to a felony — a Class 4 or higher — if there are aggravating factors like prior DUI convictions, children in the vehicle, or causing injury.

How Long Will a Synthetic Cannabinoid DUI Stay on My Record?
A DUI conviction in Illinois cannot be expunged or sealed. It will remain on your criminal record permanently and can affect your employment, housing, and future legal matters.

How Can an Attorney Help Me Fight These Charges?
A defense attorney can challenge the legality of the stop, attack the credibility of field sobriety tests or DRE evaluations, and negotiate with the prosecution to reduce or dismiss the charges. Your attorney may also present alternative explanations for your behavior or expert testimony to counter impairment claims.

Where Will My Case Be Handled If I’m Arrested in Chicago?
DUI cases in Chicago are typically prosecuted in Cook County Circuit Court. Your attorney must be familiar with the courtrooms at the Daley Center and surrounding suburban courthouses. If the arrest occurred in a neighboring county, your case may be handled in DuPage, Lake, or Will County courts.

Do I Have to Take a Blood or Urine Test If Police Suspect Drug Use?
Illinois has an implied consent law under 625 ILCS 5/11-501.1. If you refuse, your license can be suspended for up to one year for a first offense. However, refusal can also limit the evidence the prosecution has against you — a factor your attorney can use to your advantage.

Why You Should Call The Law Offices of David L. Freidberg

If you’ve been arrested in Chicago or the surrounding counties for a DUI involving synthetic cannabinoids like K2 or Spice, you’re facing serious consequences. This isn’t a traffic ticket — it’s a criminal charge that can follow you forever. Trying to explain your way out of it or hoping for leniency won’t work. You need legal representation from someone who knows how to fight back.

The Law Offices of David L. Freidberg has decades of experience defending DUI charges in Cook County and throughout the greater Chicago area. We’ve helped clients get charges reduced, dismissed, or beaten at trial. Don’t risk your freedom or your future. Get the defense you deserve.

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.