DUI Arrests in Illinois for Prescription Medications

Can You Be Convicted Without Alcohol or Illegal Drugs?

Many drivers in Illinois assume that DUI charges only apply to alcohol or illegal drugs, but that’s not the case. Under Illinois DUI laws (625 ILCS 5/11-501), you can be arrested and convicted of DUI even if the only substance in your system is a legally prescribed medication.

Many common prescription medications can cause drowsiness, dizziness, slowed reaction time, or impaired motor function, all of which can be interpreted as intoxication by law enforcement. If an officer believes your ability to drive is impaired due to medication, you can be charged with Driving Under the Influence (DUI), even if you took the medication exactly as prescribed.

At The Law Offices of David L. Freidberg, we understand that not all impairment is caused by illegal substances or alcohol. Many drivers accused of prescription drug DUIs are unfairly charged due to officer misinterpretation, faulty field sobriety tests, or a misunderstanding of medical conditions. If you are facing DUI charges related to prescription medication, you need a skilled defense attorney to fight for your rights and protect your future.

Can You Get a DUI for Prescription Medication in Illinois?

Yes. Illinois law allows drivers to be charged with DUI for driving under the influence of any substance—including prescription medications—if that substance impairs their ability to drive safely.

Illinois DUI Law and Prescription Drugs (625 ILCS 5/11-501)

Under Illinois law, a person can be charged with DUI if they:

Have a blood alcohol concentration (BAC) of 0.08% or higher.
Are under the influence of any intoxicating compound that affects driving ability.
Have any amount of a controlled substance in their system.
Appear impaired due to prescription medications, over-the-counter drugs, or a combination of substances.

Illinois’ zero-tolerance policy for drugged driving means that even if a medication was legally prescribed, a driver can still be arrested if law enforcement believes it has impaired their ability to drive.

Common Prescription Medications That Can Lead to DUI Arrests

Many medications that are legally prescribed can cause impairment similar to alcohol or illegal drugs. Some of the most common prescription drugs that have led to DUI arrests include:

Opioids (Oxycodone, Hydrocodone, Morphine, Fentanyl) – Strong painkillers that cause drowsiness, confusion, and slowed reaction times.
Benzodiazepines (Xanax, Valium, Ativan, Klonopin) – Used for anxiety and sleep disorders, these drugs can cause dizziness, confusion, and lack of coordination.
Sleep Medications (Ambien, Lunesta, Sonata) – Known for causing drowsiness, sleep-driving, and confusioneven hours after taking the medication.
Muscle Relaxers (Flexeril, Soma, Baclofen) – Cause sedation and impaired coordination.
ADHD Medications (Adderall, Ritalin, Vyvanse) – While they are stimulants, high doses can cause agitation, paranoia, or erratic driving behavior.
Cough Syrups (Codeine-based medications like Robitussin AC, Promethazine with Codeine) – Can cause drowsiness and dizziness.

Even over-the-counter medications, such as cold and flu medicine, can cause drowsiness and impairment, potentially leading to DUI charges.

How Police Determine Prescription Drug Impairment

Traffic Stop and Officer Observations

Most prescription medication DUIs start when an officer pulls a driver over for erratic behavior, such as:

Swerving or drifting between lanes.
Slow or delayed reaction at traffic lights.
Driving at an unusually slow speed.
Failure to obey traffic signals.

Once stopped, the officer will observe the driver’s behavior for signs of impairment, including:

Slurred speech.
Bloodshot or glassy eyes.
Difficulty maintaining balance.
Slow or confused responses to questions.

Field Sobriety Tests and Arrest

If the officer suspects impairment, they will likely ask the driver to perform Field Sobriety Tests (FSTs), such as:

Walk-and-turn test.
One-leg stand test.
Horizontal Gaze Nystagmus (eye-tracking) test.

Many medical conditions, injuries, and even nervousness can affect FST performance, leading to false signs of impairment. If the officer believes the driver failed the tests, they will make an arrest, even if the driver has not consumed alcohol or illegal drugs.

Can You Refuse a Drug Test in a Prescription Drug DUI Case?

Illinois law requires drivers to submit to chemical testing (blood, urine, or breath tests) if arrested for DUI under the Implied Consent Law (625 ILCS 5/11-501.1).

Refusing to take a test results in:

Automatic suspension of driving privileges (1 year for first refusal, 3 years for second).
Potential additional penalties if convicted of DUI.

However, refusing a test can make it harder for prosecutors to prove impairment if there is no clear evidence of intoxication.

Penalties for a Prescription Drug DUI in Illinois

First-Time Prescription Drug DUI (Misdemeanor DUI)

Up to 1 year in jail.
Fines up to $2,500.
Mandatory drug and alcohol evaluation.
Possible driver’s license suspension (minimum 6 months).

Second Prescription Drug DUI (Enhanced Penalties)

Mandatory minimum of 5 days in jail or 240 hours of community service.
Driver’s license revocation for 5 years.
Higher fines and possible extended jail time.

Third or Subsequent Prescription Drug DUI (Felony DUI)

Class 2 felony charges.
Prison sentence of 3 to 7 years.
Fines up to $25,000.
Lifetime driver’s license revocation.

If the DUI resulted in an accident causing serious injury or death, the penalties become even more severe, including vehicular homicide charges.

Defenses Against Prescription Medication DUI Charges

A DUI charge for prescription drugs is highly subjective and often based on officer opinion rather than concrete evidence. Some potential defenses include:

Lack of Probable Cause for the Traffic Stop – If the officer had no valid reason to stop the driver, any evidence obtained after the stop can be thrown out.
Medical Conditions Mimicking Impairment – Many conditions, such as diabetes, neurological disorders, and fatigue, can resemble intoxication.
Improper Field Sobriety Tests – FSTs are not designed for prescription drug impairment and can result in false failures.
Prescription Medication Compliance – If the driver was taking medication as prescribed, an attorney can argue that there was no intentional impairment.
No Actual Impairment – The prosecution must prove that the driver was actually impaired, not just that they had medication in their system.

At The Law Offices of David L. Freidberg, we challenge officer testimony, field sobriety tests, and improper chemical testing procedures to build a strong defense.

Call The Law Offices of David L. Freidberg for Prescription Drug DUI Defense

Being charged with DUI for prescription medication can have serious legal consequences. Prosecutors and judges do not always understand that prescription drug effects can vary by person and that legal medication does not always mean impairment.

Call The Law Offices of David L. Freidberg for DUI Hit-And-Run Defense Today

If you are facing a DUI charge in Chicago, you need an aggressive legal defense. Illinois prosecutors pursue these cases aggressively, and the penalties for a conviction can be devastating. 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 manslaughter 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.