DuPage County Driving Under the Influence of Over-The-Counter Medicine Defense Lawyers

Driving Under the Influence of Over-The-Counter Medicine Defense in DuPage County, Illinois

DuPage County is home to some of Illinois’ busiest roadways, including major highways and residential streets where law enforcement actively patrols for impaired drivers. While most people associate a DUI with alcohol or illegal drugs, Illinois law also allows for DUI charges when a driver is impaired by over-the-counter (OTC) medications. In cities like Wheaton, Naperville, and Downers Grove, individuals are being arrested and charged with DUI even when they have taken legally purchased and commonly used medications like cold medicine, sleep aids, or allergy pills.

Illinois law under 625 ILCS 5/11-501 makes it illegal to operate a vehicle while under the influence of any substancethat impairs driving ability. This includes prescription medications and over-the-counter drugs, such as antihistamines, decongestants, and cough suppressants. The law does not require a person to have a certain level of the substance in their system; if an officer believes that a driver’s ability to operate a vehicle is impaired, an arrest can be made.

These cases can be complicated because many individuals have no idea that taking a common OTC medication could result in a DUI charge. Prosecutors aggressively pursue these cases, arguing that impairment is the same whether it is caused by alcohol, illegal drugs, or legally purchased medicine. A conviction can lead to driver’s license suspension, heavy fines, and even jail time. Those facing these charges must act quickly to build a strong defense, and having an experienced DUI attorney is essential.

Illinois DUI Laws and Penalties for Driving Under the Influence of OTC Medications

Illinois DUI laws are some of the strictest in the country. Under 625 ILCS 5/11-501, a person can be charged with DUI if they are under the influence of any substance that affects their ability to drive safely. This means that if an over-the-counter medication makes a person drowsy, slows reaction times, or causes dizziness, an officer may decide that the driver is impaired.

For a first-time DUI offense, a person faces a Class A misdemeanor, which carries up to one year in jail and fines up to $2,500. Additional penalties include mandatory drug and alcohol treatment programs, community service, and suspension of driving privileges.

A second DUI offense results in a mandatory minimum jail sentence of five days or 240 hours of community service. If a driver has three or more DUI convictions, the charge becomes a Class 2 felony, which carries a prison sentence of up to seven years.

Aggravating factors, such as causing an accident or having a minor in the vehicle at the time of arrest, can lead to enhanced penalties, including longer license suspensions, higher fines, and additional jail time.

How DUI Cases Involving OTC Medications Begin

DUI investigations often begin with a traffic stop, during which an officer observes signs of impairment such as erratic driving, slow response to traffic signals, or swerving. Once stopped, the officer may question the driver about their recent use of alcohol or drugs, including legal medications. If the driver admits to taking medication that can cause drowsiness or dizziness, the officer may conduct field sobriety tests to assess their level of impairment.

If the officer believes that the driver is impaired, they may request chemical testing, such as a breathalyzer or blood test. Unlike alcohol-related DUIs, there is no defined legal limit for OTC medications, making these cases highly subjective. Even if a person has taken medication as directed, an officer can claim that their driving was affected and proceed with an arrest.

Criminal Trial Process for DUI Cases in DuPage County

Once a person is arrested for a DUI involving OTC medications, they are taken into custody and required to appear in court. The arraignment is the first step in the legal process, where the driver is formally charged and enters a plea. The pre-trial phase follows, during which both the prosecution and defense exchange evidence. This can include police reports, field sobriety test results, and toxicology reports.

At this stage, an attorney may file pre-trial motions to challenge evidence, such as arguing that the field sobriety test was improperly conducted or that the chemical test results were inaccurate. If a plea agreement cannot be reached, the case proceeds to trial, where the prosecution must prove beyond a reasonable doubt that the driver was impaired by the OTC medication.

If convicted, the sentencing phase will determine the penalties, which can range from fines and probation to jail time and mandatory treatment programs. The consequences of a conviction can extend far beyond legal penalties, affecting employment, professional licenses, and personal reputation.

Evidence Used by Law Enforcement in DUI Cases

Law enforcement relies on several types of evidence to build a case against individuals accused of DUI due to OTC medication. Officers often conduct field sobriety tests, such as the walk-and-turn test, one-leg stand, and horizontal gaze nystagmus test, to determine if a driver’s coordination is impaired. These tests are subjective and can be influenced by factors such as medical conditions, fatigue, or anxiety.

Blood or urine tests may be used to detect the presence of drugs in a person’s system. However, unlike alcohol-related cases where there is a defined legal limit, there is no equivalent standard for OTC medications. This can result in unfair prosecutions based on trace amounts of a substance that may not have affected the driver’s ability to operate the vehicle safely.

The Importance of a Strong DUI Defense Attorney

DUI cases involving over-the-counter medications require an aggressive defense strategy. A defense attorney can challenge the validity of field sobriety tests, the accuracy of chemical tests, and the officer’s observations. An attorney may also argue that the driver was not impaired but rather experiencing symptoms unrelated to the medication, such as fatigue or an existing medical condition.

Having an attorney is crucial at every stage of the case, from the initial arrest to the trial. Without proper representation, a person may face harsh penalties based on subjective police observations and flawed testing methods.

Potential Legal Defenses for DUI Cases Involving OTC Medications

Several legal defenses may apply to cases involving DUI charges related to OTC medications. If the arresting officer lacked probable cause to initiate a traffic stop, the charges may be challenged. If field sobriety tests were conducted improperly, an attorney can argue that the results were unreliable.

Another common defense is that the driver was not impaired, even if medication was present in their system. Over-the-counter medications can remain in a person’s system for hours or days, but this does not mean they were actively impairing the driver at the time of arrest.

Medical conditions can also mimic signs of impairment, and an attorney may present medical records or expert testimony to explain why the driver exhibited certain behaviors.

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

Defending against a DUI charge involving over-the-counter medications requires an attorney with extensive experience in Illinois DUI law. The consequences of a conviction are too severe to leave to chance. Without legal representation, a person may face license suspension, fines, and even jail time based on a misinterpretation of symptoms or unreliable testing methods.

At The Law Offices of David L. Freidberg, we understand the complexities of DUI cases involving legal medications. We challenge improper police procedures, flawed testing methods, and weak prosecution arguments to achieve the best possible outcome for our clients.

Call for a Free Consultation Today

If you or a loved one has been charged with a DUI for over-the-counter medication use in DuPage County, do not wait to seek legal help. 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.