Drugged Driving Defense Attorney in DuPage County, Illinois

DuPage County, Illinois, is home to some of the busiest roadways in the state, with major highways and suburban streets connecting cities such as Naperville, Wheaton, and Downers Grove. Law enforcement in this area is always on the lookout for impaired drivers, including those suspected of driving under the influence of drugs. While many people associate DUI charges with alcohol, drugged driving is just as aggressively prosecuted under Illinois law. Whether the alleged impairment is due to illegal substances, prescription medications, or cannabis, a conviction can result in severe penalties, including fines, jail time, and a suspended driver’s license.

Under 625 ILCS 5/11-501, Illinois law prohibits operating a motor vehicle while under the influence of any drug that renders a driver incapable of safe driving. Unlike alcohol-related DUIs, drug impairment does not have a set legal limit, making these cases highly subjective and reliant on law enforcement observations, chemical tests, and expert testimony. The penalties for a drugged driving conviction can be severe, and the consequences of having a DUI on your record can follow you for years.

If you have been charged with drugged driving in DuPage County, it is critical to have a strong legal defense. Prosecutors often rely on evidence that may be flawed, such as field sobriety tests, officer observations, and uncertain chemical test results. An experienced DUI defense attorney can challenge these findings and fight to protect your rights. At The Law Offices of David L. Freidberg, we aggressively represent those accused of driving under the influence of drugs in DuPage County and throughout the greater Chicago area.

Illinois Law on Drugged Driving and Potential Penalties

Under 625 ILCS 5/11-501, it is illegal to drive while under the influence of alcohol, drugs, or any combination thereof that impairs a driver’s ability to operate a vehicle safely. Unlike alcohol-related DUIs, which have a per se limit of 0.08% BAC, drugged driving cases are not as straightforward. If a driver is suspected of being impaired by drugs, prosecutors must prove impairment based on observations, chemical tests, or other evidence.

The law applies to illegal drugs such as cocaine, heroin, methamphetamine, and LSD, as well as prescription medications and cannabis. While Illinois has legalized marijuana for recreational use, the law imposes strict restrictions on driving under the influence of THC. The legal limit for THC in a driver’s system is 5 nanograms per milliliter of blood or 10 nanograms per milliliter of another bodily fluid, such as saliva. However, drivers can still be charged with drugged driving even if they test below these limits if the arresting officer believes their ability to drive was impaired.

A first-time drugged driving offense is classified as a Class A misdemeanor, carrying penalties of up to one year in jail, a $2,500 fine, and a mandatory driver’s license suspension of at least six months. A second offense results in a minimum five-year license revocation and additional penalties. A third offense is considered aggravated DUI, a Class 2 felony, which carries a sentence of three to seven years in prison and up to $25,000 in fines.

If the DUI results in an accident causing serious injury or death, the charges escalate to Class 4 felony or Class X felony, depending on the circumstances. These cases carry much longer prison sentences and significant fines.

How Drugged Driving Cases Begin and Law Enforcement Investigations

Most drugged driving cases begin with a routine traffic stop or at a DUI checkpoint. If a police officer observes erratic driving, such as swerving, slow reactions, or running a stop sign, they may pull the driver over for further investigation. In some cases, an accident may prompt law enforcement to suspect drug impairment.

Once stopped, the officer will look for signs of drug impairment, such as bloodshot eyes, slow or slurred speech, unusual behavior, or the smell of cannabis. Unlike alcohol-related stops, officers do not have a standardized roadside test to measure drug impairment, which makes these cases more subjective. If the officer suspects impairment, they may request the driver to perform field sobriety tests, such as the one-leg stand, walk-and-turn, or horizontal gaze nystagmus test.

If the officer believes there is enough evidence of impairment, they will arrest the driver and take them to the police station or hospital for chemical testing. Unlike alcohol-related DUI cases, where breathalyzers are commonly used, drugged driving cases often rely on blood or urine tests. However, these tests can be unreliable because traces of drugs can remain in a person’s system long after the effects have worn off.

The Criminal Trial Process for Drugged Driving Cases

After an arrest for drugged driving, the case proceeds through the Illinois criminal justice system. The first step is arraignment, where the accused appears before a judge, is informed of the charges, and enters a plea. If the defendant pleads not guilty, the case moves to pre-trial proceedings, where both the defense and prosecution review evidence, file motions, and negotiate possible plea deals.

During the pre-trial phase, the defense attorney may challenge the admissibility of evidence, such as the results of chemical tests or field sobriety tests. If the prosecution’s case is weak, charges may be reduced or dismissed. If the case proceeds to trial, the prosecution must prove beyond a reasonable doubt that the driver was impaired. The defense attorney can introduce expert testimony, challenge the reliability of test results, and present alternative explanations for the alleged impairment.

The Importance of Legal Representation in Drugged Driving Cases

Facing a drugged driving charge without legal representation is a mistake that can result in serious consequences. Prosecutors aggressively pursue DUI convictions, and without an attorney, a defendant may face harsh penalties, including jail time and a permanent criminal record. An experienced DUI defense attorney can examine the evidence, identify weaknesses in the prosecution’s case, and argue for reduced charges or alternative sentencing options.

A strong defense may challenge the validity of chemical tests, highlight errors in police procedure, or present evidence showing that the driver was not actually impaired at the time of the arrest. If an unlawful traffic stop led to the arrest, the defense can file a motion to suppress evidence, which may result in the case being dismissed.

Why The Law Offices of David L. Freidberg Is the Right Choice

A drugged driving conviction in DuPage County can have lifelong consequences, affecting your ability to drive, find employment, or maintain a professional license. At The Law Offices of David L. Freidberg, we have decades of experience defending clients against DUI drug charges. We understand how law enforcement builds these cases and know how to challenge flawed evidence.

Our firm provides:

• Aggressive defense strategies tailored to each case
• A thorough investigation of chemical test procedures and law enforcement conduct
• Representation for first-time and repeat DUI offenders
• 24/7 availability for legal consultations

Contact a Drugged Driving Defense Attorney Today

If you have been charged with drugged driving in DuPage County, do not face the legal system alone. The Law Offices of David L. Freidberg provides aggressive legal representation for those accused of a drugged driving 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.