Driving Under the Influence of Codeine Cough Medicine Defense Attorney in DuPage County, Illinois

Defending Against DUI Charges Involving Codeine Cough Medicine in DuPage County, Illinois

The laws surrounding Driving Under the Influence (DUI) in DuPage County, Illinois, extend beyond alcohol-related offenses. Many drivers are unaware that they can face DUI charges even if they have not consumed alcohol but have taken legally prescribed or over-the-counter medications, such as codeine cough syrup. Codeine is a Schedule II controlled substance with strong sedative effects, making it a target for DUI enforcement.

DuPage County, which includes cities like Naperville, Wheaton, and Downers Grove, has a reputation for strictly enforcing DUI laws. Officers actively monitor roadways for signs of drug-impaired driving, pulling over drivers they suspect may be under the influence of substances that impair cognitive and motor functions. Illinois law, under 625 ILCS 5/11-501, prohibits operating a motor vehicle while under the influence of any substance that impairs a driver’s ability to operate safely.

Unlike alcohol, where the legal blood alcohol concentration (BAC) limit is set at 0.08%, there is no specific threshold for drug impairment. Prosecutors only need to prove that the driver’s ability to safely control the vehicle was affected by codeine or any other opioid-based medication. These cases rely heavily on officer observations, field sobriety tests, and toxicology reports, making it essential to have a skilled DUI defense attorney to challenge the charges.

How Codeine Can Lead to a DUI Charge in DuPage County

Codeine, commonly found in prescription cough syrups such as Promethazine with Codeine or Robitussin AC, is a narcotic pain reliever and cough suppressant. It affects the central nervous system, slowing reaction times, causing drowsiness, and impairing coordination. Even when taken as prescribed, codeine can make driving unsafe and increase the likelihood of being stopped by law enforcement.

Drivers in DuPage County may be pulled over if officers notice weaving, slow reaction times, or delayed braking. If an officer suspects impairment due to drug use, they may conduct field sobriety tests and request a blood or urine sample.

Since Illinois law does not require proof of a minimum drug concentration for a DUI charge, officers only need to provide evidence that codeine impaired the driver’s ability to safely operate the vehicle. The presence of codeine in a toxicology report is often enough for the prosecution to move forward with charges.

A first-time DUI offense involving codeine is typically classified as a Class A misdemeanor, carrying potential penalties of up to one year in jail, a fine of up to $2,500, and a mandatory driver’s license suspension. If aggravating factors are present, such as bodily harm, a child passenger, or prior DUI convictions, the charge could be elevated to a felony offense, leading to harsher penalties, including prison time and longer license suspensions.

Defending a Codeine DUI Case in DuPage County

An experienced DUI defense attorney can challenge the accuracy of field sobriety tests, question the validity of toxicology reports, and argue that the defendant was not actually impaired at the time of driving. Since codeine can remain in the bloodstream for hours or even days after consumption, a positive drug test does not necessarily prove impairment at the time of arrest.

Call The Law Offices of David L. Freidberg Today

If you have been charged with driving under the influence of codeine cough medication in DuPage County, you need a criminal 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 medication 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.