Chicago Criminal Lawyer Blog
DuPage County, home to cities such as Naperville, Wheaton, and Elmhurst, is known for its strict enforcement of DUI laws. While most people associate driving under the influence (DUI) with alcohol, Illinois law also makes it illegal to drive while impaired by prescription or over-the-counter medication. Many commonly used medications, including sleep aids, anxiety medications, and pain relievers, can affect reaction times, coordination, and cognitive function.
Law enforcement officers in DuPage County routinely stop drivers they suspect of being impaired, and those under the influence of legally prescribed medication are often charged with DUI. Under 625 ILCS 5/11-501, a driver can be found guilty of DUI if they are impaired by any substance that affects their ability to drive safely. Even if a medication is prescribed and used according to a doctor’s instructions, a driver can still face serious criminal charges.
A conviction for driving under the influence of medication can lead to jail time, fines, driver’s license suspension, and a permanent criminal record. The penalties can be even more severe if the alleged offense involved an accident, injuries, or prior DUI convictions. At The Law Offices of David L. Freidberg, we fight for those accused of DUI charges in DuPage County, ensuring that their rights are protected at every stage of the legal process.
Understanding Illinois DUI Laws for Medication Use
Illinois law does not distinguish between alcohol impairment and impairment caused by prescription or over-the-counter medications. Under 625 ILCS 5/11-501, it is illegal to drive while under the influence of any substance that impairs the ability to drive safely.
Unlike alcohol-related DUI cases, where the legal limit is set at 0.08% BAC, medication-related DUI cases are more subjective. Police officers and prosecutors rely on field sobriety tests, officer observations, and toxicology reports to determine impairment. In some cases, a Drug Recognition Expert (DRE) is brought in to evaluate the driver for signs of impairment.
The penalties for a first-time medication-related DUI conviction include up to one year in jail, fines up to $2,500, and a minimum one-year suspension of driving privileges. A second DUI conviction results in a mandatory minimum jail sentence of five days or 240 hours of community service, along with increased fines and longer license suspensions. A third DUI offense is classified as a Class 2 felony, carrying a prison sentence of three to seven years.
Drivers who are convicted of DUI while transporting a minor or causing bodily harm may face additional penalties, including longer prison sentences and larger fines.
How Medication DUI Cases Begin and How Law Enforcement Investigates
Most DUI cases involving medication start with a traffic stop, an accident, or a roadside safety check. An officer may pull over a driver for erratic driving, speeding, or another traffic violation. If the officer notices signs of impairment, such as slurred speech, drowsiness, or slow reaction times, they may conduct a field sobriety test.
Unlike alcohol-related DUI cases, where a breathalyzer test can quickly determine a driver’s BAC, medication-related DUI cases rely on subjective observations. If an officer suspects that a driver is impaired by prescription drugs, they may request a blood or urine test to confirm the presence of controlled substances.
Defending Against a DUI Charge for Medication Use
A strong defense strategy is crucial in DUI cases involving medication. Since these cases rely heavily on subjective observations, an attorney can challenge the credibility of field sobriety tests, officer reports, and chemical test results.
If the arresting officer did not have probable cause to stop the vehicle, any evidence obtained during the stop may be inadmissible in court. Additionally, a defense attorney can argue that the driver was not impaired at the time of the arrest, even if medication was found in their system. Many prescription medications remain in the bloodstream for hours or days after use, which means that a positive drug test does not necessarily prove impairment.
At The Law Offices of David L. Freidberg, we analyze every detail of a case to build the strongest defense possible. We fight to have charges reduced or dismissed whenever possible, ensuring that our clients receive fair treatment under the law.
Call The Law Offices of David L. Freidberg Today
If you or a loved one has been charged with a crime in DuPage County, do not risk handling your case alone. An aggressive defense can mean the difference between a conviction and a dismissal or reduced charge.
The Law Offices of David L. Freidberg provides aggressive legal representation for those accused of a driving while intoxicated on marijuana in DuPage County and throughout Illinois. We offer free consultations 24/7 to discuss your case and legal options. Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for dedicated defense in DuPage County, Cook County, Will County, Lake County, and the greater Chicago area.
