- Available 24/7: (312) 560-7100 Tap Here to Call Us
Driving Under the Influence of Over-The-Counter Medicine Defense Attorney in DuPage County, Illinois
Defending Against DUI Charges for Over-the-Counter Medications in DuPage County, Illinois
Driving under the influence is a serious offense in DuPage County, Illinois, and while most people associate DUI charges with alcohol or illegal drugs, legally purchased over-the-counter (OTC) medications can also lead to an arrest. Many commonly used medications, such as cold medicine, allergy relief pills, cough suppressants, pain relievers, and sleep aids, can cause drowsiness, dizziness, delayed reaction times, and even blurred vision.
Illinois law under 625 ILCS 5/11-501 makes it illegal to operate a motor vehicle while under the influence of any substance that impairs a driver’s ability. This broad definition means that even if a driver has taken medication according to the label’s instructions, they can still be charged if an officer believes the medication has negatively affected their ability to drive.
DuPage County, which includes cities such as Wheaton, Naperville, Elmhurst, and Downers Grove, has strict DUI enforcement policies, and local police officers regularly pull over drivers suspected of impairment. Unlike alcohol-related DUI charges, which require a blood alcohol concentration (BAC) of 0.08% or higher, DUI cases involving OTC medications are highly subjective and depend largely on an officer’s personal observations, field sobriety tests, and chemical testing.
A DUI conviction—even for taking a legally purchased medication—can result in license suspension, hefty fines, jail time, and a permanent criminal record. Prosecutors aggressively pursue these cases, often arguing that impairment is the same whether it is caused by alcohol, illegal drugs, or medications from a pharmacy.
For individuals facing these charges, having an experienced DUI defense attorney is critical. A strong defense can challenge the prosecution’s case, dispute the officer’s observations, and present alternative explanations for the alleged impairment.
Illinois DUI Laws and the Legal Consequences of Driving Under the Influence of OTC Medications
Illinois law is clear on impaired driving, and 625 ILCS 5/11-501 states that a person is guilty of DUI if they operate a vehicle under the influence of any intoxicating compound or drug that impairs their ability to drive safely. This statute applies to both prescription drugs and over-the-counter medications, meaning that any driver experiencing side effects from a legal medication can be charged.
Unlike alcohol-related DUI cases, which rely on defined legal limits, OTC medication DUI cases depend on police officers’ subjective observations and field sobriety tests. This makes these cases highly unpredictable, as symptoms such as drowsiness, slow reflexes, and confusion can be caused by many factors unrelated to drug impairment.
First-time DUI offenses are classified as a Class A misdemeanor, which carries penalties of:
- Up to one year in jail
- Fines of up to $2,500
- Mandatory alcohol and drug education programs
- Suspension of driving privileges
A second DUI conviction results in a mandatory minimum jail sentence of five days or 240 hours of community service. For individuals with three or more DUI convictions, the charge becomes a Class 2 felony, which carries a prison sentence of up to seven years.
If aggravating factors are present—such as causing an accident, having a minor in the vehicle, or driving in a school zone—penalties can be significantly more severe.
How DUI Investigations Begin and What Happens After an Arrest
DUI cases involving over-the-counter medications often begin with a traffic stop. An officer may pull over a driver for erratic driving, drifting between lanes, delayed reactions, or failure to obey traffic signals. Once stopped, the officer may ask the driver if they have been drinking or taking any medication. If the driver admits to taking cold medicine, sleep aids, or any other medication that can cause drowsiness, the officer may suspect impairment.
The officer will likely conduct field sobriety tests, such as:
- Walk-and-turn test to check balance and coordination
- One-leg stand test to assess steadiness
- Horizontal gaze nystagmus test to observe eye movements
Unlike alcohol-related DUI cases, where breathalyzer tests can measure BAC, there is no standard test for determining the level of OTC medication in a person’s system. Instead, officers rely on subjective judgment, which can lead to unreliable arrests.
After an arrest, the accused is taken into custody and must appear in court for an arraignment. At this stage, the prosecution presents the charges, and the accused enters a plea. From there, the case moves into the pre-trial phase, where evidence is reviewed and legal motions may be filed to suppress questionable evidence or challenge the officer’s observations.
The Role of an Attorney in Fighting DUI Charges for OTC Medications
Defending against DUI charges related to OTC medications requires a strategic legal approach. Unlike alcohol-related cases, where prosecutors can use breathalyzer results as evidence, OTC medication DUI cases rely on officer testimony, field sobriety tests, and blood or urine tests.
An attorney may challenge the validity of the traffic stop, arguing that the officer lacked reasonable suspicion to pull the driver over. Additionally, field sobriety tests can be unreliable, as many factors—such as fatigue, nervousness, or medical conditions—can cause poor performance.
If a blood or urine test was administered, an attorney may question whether the test was properly conducted and whether any traces of medication in the system actually caused impairment. Many OTC medications stay in a person’s system long after their effects have worn off, meaning a positive test does not necessarily indicate that the driver was impaired at the time of arrest.
An attorney may also introduce medical records or expert testimony to explain why a driver may have exhibited certain behaviors that were mistaken for impairment.
Common Legal Defenses in DUI Cases Involving OTC Medications
Several defenses can be used to challenge DUI charges related to over-the-counter medication use. One of the most effective defenses is arguing that the driver was not actually impaired, even if they had medication in their system. Unlike alcohol, where a BAC reading of 0.08% or higher serves as automatic evidence of impairment, OTC medications affect individuals differently, and there is no standard limit to determine impairment.
Another common defense is that the officer misinterpreted symptoms, mistaking fatigue, allergies, or illness for impairment. Drivers experiencing drowsiness due to a lack of sleep may appear intoxicated even if they have not consumed alcohol or drugs.
If improper police procedures were used during the traffic stop or arrest, an attorney may file a motion to suppress evidence, arguing that the defendant’s rights were violated.
Why You Need The Law Offices of David L. Freidberg for Your Defense
DUI charges involving OTC medications can be highly subjective and based on officer assumptions rather than hard evidence. Without proper legal representation, individuals may face license suspension, jail time, and permanent criminal records based on unreliable field sobriety tests and weak chemical evidence.
At The Law Offices of David L. Freidberg, we fight aggressively to challenge DUI charges, ensuring that law enforcement follows proper procedures and that questionable evidence is excluded.
Our legal team provides:
- 24/7 case evaluations
- Aggressive defense strategies tailored to DUI medication cases
- Extensive trial experience in DuPage County courts
If you are facing DUI charges due to over-the-counter medication use, do not wait to seek legal representation. Call The Law Offices of David L. Freidberg. We represent clients in DuPage County, Cook County, Will County, and Lake County, ensuring they receive the strongest possible defense.
Free Consultations Offered 24/7
If you have been charged with driving under the influence of codeine medication 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.