Lab Error Impacts Hundreds of Cannabis DUI Cases

 Posted on December 13, 2024 in DUI/DWI

When a person is suspected of driving under the influence of alcohol, the police can usually use a breath test machine to determine the person’s BAC fairly quickly and in the police station. When a person is suspected of driving under the influence of cannabis or other drugs, the testing process is more complicated. Police usually need to send samples out to a crime lab that can test for the presence of drugs. New reports are now suggesting that testing errors in a Chicago lab may have led to an uncertain number of false positive results for cannabis. This means that drivers who were convicted of a drug DUI after testing positive for cannabis may be able to challenge their convictions based on new evidence. If you were convicted of a DUI based on a drug test carried out by the University of Illinois Chicago Analytical Forensic Testing Laboratory, you should speak to a Will County, IL DUI attorney as soon as possible.

The Testing Errors and Cover-Up at the University of Illinois Lab 

According to a court filing in Boone County, the University of Illinois Chicago Analytical Forensic Testing Laboratory may have reported hundreds of false positives for cannabis due to lab errors. The court documents allege that the lab could not distinguish between Delta-9 THC and other common THC isomers, some of which are naturally occurring.

The lab may also have incorrectly calculated the amount of THC currently present in a person’s body. This is especially important in Illinois, which has a THC level limit for drivers similar to the BAC limits used in DUI prosecution everywhere. Drivers in Illinois may have detectable amounts of THC in their bodies, so long as the THC concentration detected in their blood or urine does not suggest that the person was actively impaired while driving.

It has also been reported that the lab may have attempted to cover up the problem. Representatives from the University of Illinois Chicago Analytical Forensic Testing Laboratory continued testifying in court regarding defendants’ THC test results even after the issue likely became known.

What Does This Mean for People With Marijuana DUI Convictions? 

If your sample was tested at the affected lab and you were convicted of a DUI based on your THC levels, you may have grounds to appeal your conviction. People who were wrongfully convicted based on erroneous evidence generally have the opportunity to ask for a new trial with the problematic evidence excluded. If the state’s main evidence against you was the results of your drug test, you may have a good chance at having your conviction overturned.

Contact a Will County, IL DUI Attorney

Law Offices of Jack L. Zaremba, P.C. is committed to protecting people against wrongful convictions for DUI and other offenses. Experienced Joliet, IL DUI lawyer Jack Zaremba will fight for you if your case was affected by the University of Illinois Chicago Analytical Forensic Testing Laboratory errors. Contact us at 815-740-4025 for a complimentary consultation.