ISLAND LAKE, Ill. (AP) — The state bar association has submitted a bill to the state Legislature to change the DUI law in Illinois.

The bill cites a 2011 Lake Island incident in which a father was charged with homicide after his son died in a crash caused by a distracted driver. A blood test determined Scott Shirey had marijuana in his system, but his attorney says it was from smoking the substance one month prior to the fatal accident.

The Associated Press reports Illinois drivers with any amount of an illegal drug in their system can be charged with a DUI, even if they weren’t under the influence or at fault when a serious accident occurred.

The Illinois State Bar Association says the DUI law shouldn’t apply to drivers who weren’t impaired during the time of an accident.
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