The Illinois Supreme Court’s recent decision in Village of Lincolnshire v. Olvera provides valuable insight to municipal prosecutors who handle DUI cases.

In Olvera, the Village brought forth state DUI charges against a 16-year-old student who was alleged to be driving under the influence of cannabis during a driver’s education class at his high school. A marijuana cigarette was found in the Defendant’s pocket, and he admitted to smoking marijuana the night prior. After officers performed field sobriety tests, the Defendant was charged with Driving Under the Influence of Drugs and Improper Lane Usage under the Illinois Vehicle Code. The Defendant was also charged with ordinance violations for Possession of Cannabis and Reckless Conduct.

Defendant was found guilty after a bench trial. Defendant appealed, alleging that the Village did not have the authority to prosecute the DUI charge as it failed to present written permission from the State to prosecute the case. Defendant also argued the Village failed to prove he was under the influence of cannabis beyond a reasonable doubt and that his impairment was to a degree that rendered him unable to drive safely.

The Illinois Supreme Court upheld the conviction, holding that while 625 ILCS 5/16-102(c) requires a municipality to have written permission from the state’s attorney to prosecute violations of the Illinois Vehicle Code, a municipality has no obligation to produce proof of said permission during a trial. Further, the Illinois Supreme Court rejected the Defendant’s argument related to the municipality’s failure to sustain its burden. Considering the testimony of the driving instructor, the Defendant’s failure of multiple field sobriety tests, the Defendant’s admission to smoking marijuana the night prior, the discovery of a marijuana cigarette in Defendant’s wallet, and surveillance footage showing the Defendant stumbling around the school prior to entering the driver’s education vehicle, the Illinois Supreme Court found that the Village had met its burden proving the Defendant’s guilt beyond a reasonable doubt.

Olvera underscores the importance of ensuring that municipalities adhere to procedural compliance when prosecuting matters under the Illinois Vehicle Code. Further, a successful cannabis DUI prosecution requires comprehensive and robust evidence to support a conviction and withstand scrutiny on appeal. In Olvera, substantial witness testimony, field sobriety tests, and surveillance video were critical to meeting the municipality’s burden.

About Megan M. Olson

Megan focuses her practice on serving cities, villages, townships, library districts, road districts, park districts, and other local government entities. In addition to providing general counsel, she provides guidance on establishing and drafting new ordinances and policies, contract negotiations, building and code enforcement, administrative proceedings, Freedom of Information Act compliance, and intergovernmental agreements. Megan also has experience in eminent domain, land use, development, and public water supply matters. Click here to read Megan’s full attorney bio.