DUI Charges Stemming from Prescription Medications in Chicago

Understanding Your Rights and Legal Options When Medications Impair Your Driving

As an experienced criminal defense attorney in Chicago, I frequently encounter clients who are bewildered after being charged with a DUI, not due to alcohol or illegal drugs, but because of the effects of legally prescribed medications. Illinois law is stringent when it comes to driving under the influence, and this includes impairment due to prescription medications. If you’re facing such charges, it’s crucial to understand the legal landscape and how strategic legal defense can safeguard your rights and possibly your freedom.

The Legal Framework for DUI on Prescription Medications in Illinois

In Illinois, DUI laws are codified under 625 ILCS 5/11-501, which prohibits driving under the influence of alcohol, drugs, intoxicating compounds, or any combination thereof that renders the driver incapable of driving safely. This law also extends to prescription medications that may impair your ability to drive, even if those medications are taken according to a doctor’s prescription.

The key issue here is impairment. If a prescription drug impairs your motor skills, judgment, or reaction times to a degree that you are considered unsafe to drive, you can be charged with a DUI. Common examples include painkillers like opioids, anti-anxiety medications such as benzodiazepines, and sleep aids like Ambien. Even antihistamines can lead to DUI charges if they affect your driving ability.

How Charges are Determined

DUI charges based on prescription drug use typically arise after a traffic stop where the officer observes signs of impairment. This might include erratic driving, inconsistent speed, or a failure to obey traffic signs. During the stop, if the officer notes slurred speech, poor motor coordination, or altered mental state, they may suspect impairment. Unlike alcohol-related DUIs, there is no “legal limit” for drugs, including prescription medications. The prosecution must show that the drugs impaired your driving.

Defending Against a Prescription Medication DUI

Defending against a DUI charge when it involves prescription medications requires a nuanced understanding of both the law and medical science. Here’s how I approach these cases:

1. Challenging the Basis for the Stop

The initial traffic stop must be lawful. If there was no legitimate reason for the stop, or if the officer did not follow proper legal procedures, it is possible to challenge the admissibility of any evidence gathered as a result of the stop.

2. Questioning the Observations of Impairment

Officers are not medical experts, and their assessments can be subjective and flawed. I closely scrutinize police reports and body camera footage to challenge their observations and conclusions about impairment.

3. Medical Expert Testimony

We can use testimony from medical experts to explain how your medication might not necessarily impair your driving ability, or how the dosage you are taking is unlikely to have the alleged effects.

4. Proof of Compliance with Prescription

Demonstrating that you were following a doctor’s prescription and not abusing the medication can aid your defense. It shows that you were not willfully negligent in managing your medication.

The Role of Legal Representation

Having an experienced attorney can dramatically influence the outcome of your case. Here’s what I can do to help:

1. Expert Defense Strategy

Developing a defense that encompasses legal, medical, and procedural aspects of your case. This includes challenging the prosecution’s evidence, presenting alternative explanations for alleged impairment, and protecting your constitutional rights.

2. Negotiations for Charge Reduction

If the evidence against you is significant, negotiating with prosecutors for reduced charges or alternative sentencing like probation or diversion programs can avoid jail time and a criminal record.

3. Handling License Suspension Proceedings

A DUI charge can lead to the suspension of your driving privileges. I represent you in administrative hearings to challenge license suspensions and seek the restoration of your driving rights.

The Impact of a DUI Conviction

A conviction for a DUI based on prescription medication can have profound effects. It can result in criminal penalties, including jail time, hefty fines, and mandatory drug education or rehabilitation programs. Moreover, it can impact your employment, professional licenses, and insurance rates.

Why Choosing the Right Attorney Matters

When facing a DUI charge, the quality of your defense can be the difference between a conviction and a dismissal. I dedicate myself to your case, exploring every avenue to defend your rights and achieve the best possible outcome.

Contact our Chicago DUI defense attorney David Freidberg, founding attorney for The Law Offices of David L. Freidberg, for skilled legal representation. We offer a free consultation when you call us at (312) 560-7100 or toll-free at (800) 803-1442.

Frequently Asked Questions About Prescription Medication DUIs in Illinois

What should I do if I’m pulled over and I’ve taken prescription medication?

Remain calm and polite, but be cautious about disclosing medical information. You are not required to volunteer information about your prescription medication use. Politely decline to discuss your medical history or medication until you have legal representation.

Can I refuse a field sobriety test if I’m on prescription medication?

You have the right to refuse field sobriety tests in Illinois. These tests are voluntary and can be subjective. However, understand that refusal can lead to automatic license suspension under Illinois law.

What are the penalties for a prescription medication DUI in Illinois?

Penalties can vary, but even a first offense can lead to significant fines, possible jail time, and suspension of your driving privileges. Subsequent offenses carry more severe penalties.

How can an attorney help if I’m charged with a DUI for prescription drugs?

An attorney can challenge the prosecution’s case by questioning the validity of the traffic stop, the officer’s observations, and the results of any impairment tests. They can also negotiate with prosecutors to potentially reduce charges or penalties.

Is it still a DUI if my doctor told me I could drive while taking the medication?

Yes, it can still be a DUI. Even if your doctor advised that you could drive, the law focuses on whether the medication impaired your ability to drive safely. Your attorney can argue the specifics of your medical advice and treatment as part of your defense.

Contact Us For Your Free Consultation

If you are facing DUI charges in  Chicago, Illinois, don’t face it alone. Contact The Law Offices of David L. Freidberg for skilled legal assistance. We offer a free consultation when you call us at (312) 560-7100 or toll-free at (800) 803-1442. Our firm serves clients in and around Chicago, including Cook County, DuPage County, Will County, and Lake County. Let us help you fight for your future.