Driving Under the Influence of Narcotic Prescription Medication Defense Attorney in DuPage County, Illinois

DuPage County, Illinois, is known for its strict enforcement of impaired driving laws. While many people associate Driving Under the Influence (DUI) with alcohol, Illinois law also criminalizes operating a vehicle under the influence of prescription narcotics. Cities such as Naperville, Wheaton, and Downers Grove have law enforcement officers trained to detect signs of impairment, including from legal medications such as opioids, benzodiazepines, and muscle relaxers.

A DUI charge involving narcotic prescription medication can result in serious legal consequences, including criminal charges, license suspension, fines, and even jail time. Even if you were taking medication legally with a valid prescription, Illinois law does not provide an automatic defense. Prosecutors can still argue that your ability to operate a vehicle was impaired.

If you have been charged with a DUI for prescription drugs in DuPage County, securing an experienced defense attorney is essential. At The Law Offices of David L. Freidberg, we fight aggressively to protect the rights of those accused of drug-related DUI offenses.

Illinois Law on Driving Under the Influence of Prescription Narcotics

Illinois has some of the strictest DUI laws in the country, including laws covering legal prescription drugs. Under 625 ILCS 5/11-501, a person is guilty of DUI if they operate a motor vehicle while under the influence of any intoxicating compound that renders them incapable of safely driving. This statute applies even if the drug was legally prescribedby a doctor.

Prescription drugs that commonly lead to DUI arrests include:

• Opioids such as oxycodone, hydrocodone, and fentanyl
• Benzodiazepines such as Xanax, Ativan, and Valium
• Muscle relaxers such as Soma and Flexeril
• Sleep aids such as Ambien or Lunesta

A first offense for a DUI involving prescription medication is a Class A misdemeanor, punishable by up to one year in jail, fines of up to $2,500, and a mandatory suspension of driving privileges. If aggravating factors are present—such as an accident with injuries—the charge can be elevated to a felony, leading to harsher penalties.

If a third DUI offense occurs within a specific time frame, the charge escalates to a Class 2 felony, carrying a potential sentence of 3 to 7 years in prison.

Drivers arrested for DUI involving prescription drugs are not eligible for court supervision if they have a prior conviction. This means that a conviction will result in a permanent criminal record.

Illinois law does not set a specific “legal limit” for prescription drug impairment like it does for alcohol. Prosecutors only need to prove that the medication impaired your ability to drive safely at the time of the arrest.

How DUI Prescription Drug Cases Begin in DuPage County

DUI cases involving prescription narcotics often begin with a traffic stop. An officer may pull a driver over for erratic driving, swerving, or speeding. If the officer suspects impairment, they will conduct a field sobriety test and may ask about prescription drug use.

If the officer believes the driver is impaired, they may request a blood or urine test to check for the presence of narcotics. Unlike alcohol DUIs, prescription drug DUIs do not have a specific threshold for impairment. A driver can be charged even if the medication was taken as prescribed.

After an arrest, the driver is taken into custody, booked, and charged with DUI. The Illinois Secretary of State will automatically suspend the driver’s license unless they successfully challenge the suspension in a Statutory Summary Suspension Hearing.

How Law Enforcement Investigates Prescription Drug DUIs

Police officers receive specialized training in recognizing signs of prescription drug impairment. During a traffic stop, officers look for signs such as slurred speech, drowsiness, or delayed reactions.

Law enforcement may conduct a Drug Recognition Expert (DRE) Evaluation, which involves testing for balance, pupil reaction, and divided attention abilities. The presence of a prescription drug in a driver’s system is often used as evidence of impairment, even if the driver was not feeling intoxicated.

Penalties for DUI Prescription Drug Convictions

A first-time DUI conviction results in a Class A misdemeanor. The penalties include:

• Up to one year in jail
• A fine of up to $2,500
• A minimum one-year driver’s license suspension
• A mandatory DUI evaluation and possible drug treatment program

A second DUI offense leads to a five-year driver’s license suspension and increased fines. A third DUI convictionbecomes a felony, carrying up to seven years in prison and a 10-year license revocation.

A DUI involving bodily harm or death leads to enhanced sentencing, including a Class 2 felony and a mandatory prison sentence.

The Criminal Trial Process for DUI Prescription Drug Cases

Once a DUI arrest occurs, the legal process begins with an arraignment, where the accused is informed of the charges and enters a plea of guilty or not guilty.

During pre-trial motions, a defense attorney may file motions to suppress evidence if the police conducted an illegal stop or improperly administered field sobriety tests.

If the case proceeds to trial, the prosecution must prove beyond a reasonable doubt that the driver was impaired. This often requires toxicology reports, officer testimony, and expert witnesses.

A strong defense may lead to dismissal of charges, reduced penalties, or acquittal at trial.

Possible Defenses to DUI Prescription Drug Charges

A strong legal defense is critical in DUI prescription drug cases. Some of the most effective defenses include:

• Challenging the traffic stop if the officer lacked reasonable suspicion to pull the driver over.
• Proving the driver was not impaired despite the presence of prescription drugs in their system.
• Questioning the validity of field sobriety tests, which are subjective and unreliable for detecting drug impairment.
• Arguing an officer’s lack of training in recognizing prescription drug impairment.
• Challenging the accuracy of toxicology reports, as drug levels in the blood do not always correlate with impairment.

Why You Need a DUI Defense Attorney

A DUI conviction for prescription drug use can have long-lasting consequences, including license revocation, jail time, and increased insurance rates. Without a skilled defense attorney, defendants face harsh penalties that could impact their careers, personal lives, and ability to drive legally.

At The Law Offices of David L. Freidberg, we analyze every aspect of a DUI case to build the strongest possible defense. We work to challenge weak evidence, question police procedures, and negotiate favorable outcomes.

Call The Law Offices of David L. Freidberg Today

If you or a loved one has been charged with DUI for prescription narcotics 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.