DuPage County Driving Under the Influence of Codeine Cough Medicine Defense Lawyer

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

DuPage County, Illinois, is home to some of the busiest highways and suburban roads in the state, with cities like Naperville, Wheaton, Elmhurst, and Downers Grove enforcing strict DUI laws. While most people associate DUI charges with alcohol, Illinois law also criminalizes driving under the influence of prescription and over-the-counter medications, including codeine cough medicine. Many individuals mistakenly believe that because their medication is legally prescribed or available over the counter, it cannot result in a DUI charge. However, Illinois law does not differentiate between illegal substances and legally obtained drugs when determining whether a driver is impaired.

Law enforcement officers in DuPage County aggressively prosecute DUI drug cases, and prosecutors do not hesitate to pursue convictions. If you have been charged with driving under the influence of codeine or other cough medicines containing opioids, it is critical to understand your legal rights and options. At The Law Offices of David L. Freidberg, we have decades of experience defending DUI cases, including those involving prescription medications.

Illinois DUI Laws and Driving Under the Influence of Codeine Cough Medicine

Illinois law classifies driving under the influence of any impairing substance as a crime under 625 ILCS 5/11-501. The statute makes it unlawful for anyone to operate a vehicle while impaired by alcohol, illegal drugs, prescription medications, or any other substance that affects a driver’s ability to operate a vehicle safely. This means that even if codeine was taken exactly as prescribed by a doctor, a driver can still face DUI charges if law enforcement believes the medication has impaired their driving ability.

The law provides multiple ways for prosecutors to prove DUI charges:

• If a driver’s blood alcohol concentration (BAC) is 0.08% or higher, they are automatically considered impaired, even if they were driving safely.
• If a driver exhibits signs of impairment due to drugs, including prescription medications, prosecutors do not need to prove a specific level of intoxication. Instead, they rely on officer observations, chemical test results, and evidence of drug use.

Codeine, an opioid found in many prescription and over-the-counter cough medicines, can cause drowsiness, dizziness, slowed reaction times, and impaired judgment. When taken in large doses or combined with alcohol or other medications, it significantly increases the likelihood of a DUI charge.

A first-time DUI offense in Illinois is classified as a Class A misdemeanor, carrying potential penalties of up to one year in jail, a $2,500 fine, and a mandatory driver’s license suspension. If the DUI resulted in bodily harm, involved minors, or occurred in a school zone, the charges could be elevated to a felony, leading to harsher sentencing.

The Criminal Process for DUI Drug Cases in DuPage County

A DUI drug case typically begins with a traffic stop, accident investigation, or roadside DUI checkpoint. Officers look for signs of impairment, including slurred speech, erratic driving, bloodshot eyes, or slow response times. Unlike alcohol-related DUIs, where a breathalyzer can immediately detect BAC levels, drug-related DUIs often require additional testing.

If an officer suspects drug impairment, they may request field sobriety tests to assess balance, coordination, and cognitive function. In drug DUI cases, law enforcement may call a Drug Recognition Expert (DRE) to evaluate the driver’s condition and determine whether drug impairment is likely.

Once arrested, the driver may be asked to submit to a blood or urine test to confirm the presence of codeine or other drugs in their system. Illinois has an implied consent law, meaning that refusing chemical testing results in an automatic driver’s license suspension under 625 ILCS 5/6-208.1.

If the driver is formally charged, they must attend an arraignment where they will enter a plea. The case then moves into pre-trial motions, where defense attorneys may challenge the legality of the stop, the accuracy of field sobriety tests, and the validity of chemical test results. If the case proceeds to trial, the prosecution must prove beyond a reasonable doubt that the driver was impaired by codeine at the time of the arrest.

Evidence Used in DUI Drug Cases

Prosecutors rely on multiple forms of evidence to prove impairment in DUI cases involving prescription drugs. Law enforcement officers typically document the driver’s physical appearance, behavior, and performance on field sobriety tests. Body camera footage, dashcam videos, and witness statements may also be used as evidence.

Chemical test results showing the presence of codeine or other opioids in the driver’s system are often central to the prosecution’s case. However, one of the biggest challenges in DUI drug cases is proving that the substance was actually impairing the driver’s ability to operate a vehicle. Unlike alcohol, where clear legal limits exist, there is no specific threshold for codeine impairment in Illinois law.

Defense attorneys frequently challenge the reliability of chemical tests, arguing that simply detecting codeine in the bloodstream does not prove impairment at the time of driving. Codeine can remain in the system for hours or even days after use, meaning a driver could test positive without actually being impaired.

Potential Defenses to a Codeine DUI Charge

Several legal defenses may be used to fight DUI drug charges in DuPage County. If law enforcement officers lacked probable cause to conduct a traffic stop, any evidence collected after the stop may be inadmissible in court. A defense attorney may also challenge field sobriety test results, arguing that medical conditions, fatigue, or anxiety affected performance rather than drug impairment.

Another common defense strategy involves challenging chemical test accuracy. Many testing methods are unreliable, and false positives for codeine can occur due to the presence of other medications or substances. If a DRE officer’s evaluation was used as evidence, an attorney may question their training and expertise in detecting drug impairment.

If the driver was taking codeine as prescribed by a doctor, an attorney may argue that they were using the medication responsibly and were not impaired at the time of the arrest. In some cases, prosecutors may be willing to reduce charges or offer alternative sentencing options, such as supervision or drug treatment programs, instead of a conviction.

Why Legal Representation is Critical for DUI Drug Cases

Fighting a DUI charge involving codeine requires a skilled attorney with experience in drug-related DUI defense. Illinois DUI laws are complex, and without legal representation, defendants risk driver’s license suspension, jail time, and a permanent criminal record. A defense attorney can negotiate for reduced penalties, challenge evidence, and work to protect the defendant’s rights.

At The Law Offices of David L. Freidberg, we thoroughly investigate each DUI case, identifying weaknesses in the prosecution’s case and developing strong defense strategies. Our goal is to reduce or dismiss charges whenever possible, protecting our clients’ futures.

Contact The Law Offices of David L. Freidberg for a Free Consultation

If you or a loved one has been charged with Driving Under the Influence of Codeine Cough Medicine in DuPage County, it is essential to have strong legal representation. A conviction can lead to severe penalties that impact your freedom, driving privileges, and future employment opportunities.

At The Law Offices of David L. Freidberg, we have decades of experience handling DUI drug cases throughout DuPage County, Cook County, Will County, and Lake County. We are available 24/7 to provide immediate legal assistance and answer any questions you have about your case.

Call The Law Offices of David L. Freidberg Today

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.