Jan. 31, 2025, the DuPage County state’s attorney’s office announced, because of faulty blood testing methods, it was dismissing charges in 19 cases involving defendants accused of driving under the influence of cannabis. This followed a months-long investigation from the ABC7 I-Team that concluded in December 2024 some test results from the University of Illinois at Chicago’s Analytical Forensic Testing Laboratory (AFTL) had been deemed unreliable. Last week, the University of Illinois Chicago released an internal investigation report on the faulty Analytical Forensic Testing Laboratory blood tests used in the DUI cases.

The faulty blood tests have caused more than a dozen criminal cases to be dropped and potentially jeopardizes more than 1,000 cannabis DUI cases in the Chicago metro area. Many of those cases were charged based on results from AFTL testing. The faulty results were unable to distinguish Delta-9 THC from other commonly encountered THC isomers such as Delta-8.

AFTL ceased DUI blood testing in February 2024, and according to ABC7 I-Team, UIC had hired Taft Stettinius & Hollister LLP to investigate and create an independent report into concerns and claims made about testing inaccuracies when measuring THC. Criminal defense attorney Don Ramsell, who represents clients charged with cannabis DUI, told the I-Team that the report is just a corporate whitewash.

According to ABC7 I-Team, the report concluded UIC’s Analytical Forensic Testing Laboratory methods should have “been modified” to distinguish between two related forms of THC. However, the reports also stated, “Nevertheless, the reliability of those test results may be confirmed on a case-by-case basis.” Ramsell did not believe the report to be true, stating that the “completed” investigation was laughable. He added that many unanswered questions still remain. UIC declined to talk to the I-Team about the report, and the Cook County State’s Attorney’s Office said it will continue to review any cases that may have been affected by faulty testing. The DuPage County State’s Attorney’s Office also declined to comment on the report.

Approximately 1,600 DUI convictions involving cannabis are now under review because of the potential inaccuracies, which could lead to more appeals, overturned convictions, and release of individuals from prison. One specific case involves Corey Lee, who was convicted in 2022 of aggravated DUI/cannabis resulting in the death of 52-year-old Pedro Pasillas-Sanchez and 22-year-old Pedro Pasillas-Delgado. Lee admits having used cannabis in the past but has consistently insisted that he did not use cannabis before getting behind the wheel that day. In a bench trial in Boone County, a judge relied on the blood test results that showed Lee’s level of Delta 9-THC at 6.5 nanograms. The Illinois Vehicle Code limit is five, stating, “Tetrahydrocannabinol concentration means either 5 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of whole blood.”

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