Chicago Criminal Lawyer Blog
Fighting DUI Charges for Over-the-Counter Medications in DuPage County, Illinois
Many drivers in DuPage County are surprised to learn that over-the-counter (OTC) medications can result in a DUI arrest just like alcohol or illegal drugs. Illinois law treats all forms of impairment the same, meaning a person can be charged under 625 ILCS 5/11-501 if an officer believes their ability to drive has been affected by cough medicine, allergy relief pills, pain relievers, or sleep aids.
In cities like Wheaton, Naperville, Elmhurst, and Downers Grove, law enforcement officers are trained to detect signs of impairment. If a driver appears drowsy, slow to react, or unable to maintain control of their vehicle, a traffic stop may quickly escalate into field sobriety testing, chemical testing, and ultimately an arrest.
One of the biggest issues with DUI charges related to OTC medications is the lack of a defined impairment limit. Unlike alcohol-related DUIs, which have a clear legal limit of 0.08% BAC, there is no universally accepted standard for determining impairment due to cold medicine, antihistamines, or other legal drugs. Because of this, DUI cases involving OTC medications often rely on officer testimony and subjective field sobriety tests, which are prone to misinterpretation and human error.
Drivers arrested for DUI due to OTC medications face the same severe penalties as those charged with alcohol-related offenses, including license suspension, large fines, mandatory drug education programs, and even jail time. Given the serious nature of these charges, individuals accused of DUI need an experienced defense attorney who understands how to challenge field sobriety tests, officer observations, and chemical evidence.
Illinois DUI Laws and the Penalties for Driving Under the Influence of OTC Medications
Illinois law under 625 ILCS 5/11-501 prohibits driving while impaired by any substance that affects a person’s ability to safely operate a vehicle. This means that even if a driver has taken an OTC medication exactly as directed, they can still be arrested and charged if an officer believes they are impaired.
Unlike alcohol-related DUIs, which require a driver to have a BAC of 0.08% or higher, there is no legal threshold for impairment when it comes to cold medicines, sleep aids, or pain relievers. This makes these cases highly subjective, as they are based primarily on the officer’s judgment, field sobriety test results, and possible toxicology reports.
A first-time DUI offense is classified as a Class A misdemeanor, carrying penalties that include:
- Up to one year in jail
- Fines up to $2,500
- Suspension of driver’s license
- Mandatory alcohol and drug education programs
For a second DUI conviction, the penalties increase to include a mandatory minimum jail sentence of five days or 240 hours of community service. If a driver is convicted of a third DUI offense, the charge becomes a Class 2 felony, which carries a prison sentence of up to seven years.
Additional aggravating factors—such as causing an accident, having a minor in the vehicle, or driving near a school—can result in even harsher sentencing.
How DUI Cases Involving OTC Medications Begin and the Role of Law Enforcement
DUI investigations in DuPage County often begin with a routine traffic stop. Officers may pull over a vehicle for swerving, running a red light, delayed braking, or other erratic behavior. If the driver appears confused, sluggish, or disoriented, the officer may suspect impairment and begin a DUI investigation.
The field sobriety tests typically administered in these situations include:
- Walk-and-turn test to assess balance and coordination
- One-leg stand test to check steadiness
- Horizontal gaze nystagmus test to observe involuntary eye movements
Unlike alcohol-related stops, where a breathalyzer test provides an objective measure of impairment, there is no equivalent test for over-the-counter medications. If a driver admits to taking cold medicine, allergy pills, or another OTC drug, the officer may use that as probable cause to justify an arrest.
Once arrested, the driver is taken into custody, and their case moves to the court system, where the prosecution will attempt to prove impairment using officer testimony, field sobriety test results, and toxicology reports.
The Criminal Court Process for DUI Cases Involving OTC Medications
After an arrest, the driver is required to appear in court for an arraignment, where they will hear the charges against them and enter a plea of guilty or not guilty. The pre-trial phase follows, during which the prosecution and defense exchange evidence.
In many cases, a DUI defense attorney will file motions to suppress evidence, arguing that the officer lacked probable cause for the traffic stop or that the field sobriety tests were improperly conducted. If a plea agreement is not reached, the case proceeds to trial, where the prosecution must prove beyond a reasonable doubt that the driver was impaired.
One of the biggest challenges in these cases is proving actual impairment rather than mere presence of an OTC drug. Many OTC medications stay in the bloodstream long after their effects have worn off, meaning a positive test result does not necessarily indicate that the driver was impaired at the time of the stop.
A skilled DUI defense attorney will challenge the officer’s observations, cross-examine expert witnesses, and introduce medical evidence to dispute the claim that the driver was impaired.
Why Legal Representation Is Essential for DUI Cases Involving OTC Medications
Fighting a DUI charge for OTC medications requires an aggressive legal strategy. These cases are based on subjective observations, inconsistent field sobriety test results, and unreliable toxicology reports, making them highly defendable.
A DUI defense attorney can argue that the officer misinterpreted symptoms, such as fatigue, allergies, or an existing medical condition, as signs of impairment. Additionally, a lawyer can question the accuracy of field sobriety tests, which are known to be unreliable for older individuals, those with physical impairments, or those under stress.
Without a strong defense, individuals may face harsh penalties, increased insurance rates, and a permanent criminal record.
Why Choose The Law Offices of David L. Freidberg?
DUI cases involving over-the-counter medications require a deep understanding of Illinois DUI law and extensive experience challenging subjective police observations. At The Law Offices of David L. Freidberg, we fight aggressively to protect our clients from wrongful convictions.
Our legal team provides:
- 24/7 availability for emergency legal assistance
- A track record of successfully defending DUI cases
- Comprehensive case evaluations to identify weaknesses in the prosecution’s argument
We serve clients throughout DuPage County, Cook County, Will County, and Lake County, ensuring that they receive the strongest possible defense.
Call The Law Offices of David L. Freidberg Today
If you have been charged with driving under the influence of in DuPage County, you need a defense attorney who will fight for your rights. 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 codeine cough medicine 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.
