Will County Drugged Driving DUI Defense Attorney

Defending Against Drugged Driving Charges in Will County

Will County, Illinois, is home to Joliet, Bolingbrook, Plainfield, Romeoville, and surrounding cities, where law enforcement aggressively enforces DUI laws, including drug-related DUIs. While many people associate DUI charges with alcohol, Illinois law makes it illegal to drive under the influence of drugs, even legally prescribed medications or cannabis.

A drugged driving charge in Will County is taken just as seriously as an alcohol-related DUI. Law enforcement uses field sobriety tests, drug recognition experts (DREs), and chemical testing to determine whether a driver is under the influence. Unfortunately, these methods are not always accurate, leading to wrongful arrests and unfair convictions.

If you have been arrested for drugged driving in Will County, you need a strong defense strategy. At The Law Offices of David L. Freidberg, we have decades of experience defending clients against DUI drug charges, working to challenge faulty tests, unlawful stops, and weak prosecution cases.

Illinois Drugged Driving DUI Laws and Penalties

Driving under the influence of any substance that impairs driving ability is illegal under 625 ILCS 5/11-501. Unlike alcohol-related DUIs, drug DUIs do not require a specific BAC level to prove impairment. Instead, the prosecution must show that the driver was incapable of operating a vehicle safely due to drug use.

Under Illinois law, a person can be convicted of a DUI for drugs if they:

• Have any detectable amount of a controlled substance in their system (zero-tolerance law for illegal drugs).
• Appear impaired due to drug consumption (including legal prescription medication).
• Refuse or fail a field sobriety test and show signs of impairment.

Even if a driver legally used medical marijuana or prescription medication, they can still be arrested if law enforcement believes they are impaired.

A first-time drugged driving DUI is a Class A misdemeanor, carrying:

• Up to one year in jail.
• Fines up to $2,500.
• Mandatory drug evaluation and treatment.
• Suspension of driving privileges for up to one year.

If a DUI involves aggravating factors, such as a child passenger, bodily harm, or prior DUI convictions, the charge may be upgraded to a felony (aggravated DUI), which carries harsher penalties, including prison time and permanent license revocation.

Illinois law also mandates zero tolerance for illegal drugs, meaning that even a trace amount of an illicit substance in a driver’s system can lead to DUI charges, regardless of actual impairment.

How Drugged Driving Cases Begin and the Arrest Process

A drugged driving case in Will County typically begins when law enforcement suspects impairment during a traffic stop. Officers will look for erratic driving behavior, including swerving, speeding, or delayed reactions at traffic signals.

Once stopped, officers observe the driver’s behavior and look for physical signs of impairment, such as:

• Dilated or constricted pupils.
• Slurred or slow speech.
• Difficulty following instructions.
• Confusion or drowsiness.

If an officer suspects drug impairment, they may request field sobriety tests (FSTs), including the walk-and-turn test, one-leg stand test, and horizontal gaze nystagmus test. These tests are highly subjective, and medical conditions, fatigue, or anxiety can cause a person to fail, even if they are sober.

In many drugged driving cases, officers call a Drug Recognition Expert (DRE) to evaluate the driver. A DRE is trained to identify drug impairment, but their assessments are not always accurate and are often challenged in court.

After an arrest, the driver may be asked to submit to a blood or urine test. If a controlled substance is detected, charges will be filed. However, the presence of a drug in a person’s system does not always mean impairment, as some substances remain in the body for days or even weeks after use.

Illinois Criminal Trial Process for Drugged Driving DUIs

A drugged driving case in Will County follows the Illinois criminal court process, beginning with a DUI arrest and moving through various stages, including:

• Arraignment – The first court appearance where the driver enters a guilty or not guilty plea.
• Pretrial motions – The defense may challenge evidence collected by law enforcement.
• Negotiations with prosecutors – An attorney may negotiate for reduced charges or alternative sentencing.
• Trial or plea deal – If no plea agreement is reached, the case goes to trial.
• Sentencing – If convicted, penalties include license suspension, fines, and possible jail time.

During trial, the prosecution must prove impairment beyond a reasonable doubt. Without concrete evidence of drug impairment, the case may be dismissed or reduced.

Types of Evidence Used in Drugged Driving Cases

Prosecutors rely on several types of evidence in drug DUI cases, including:

• Officer observations – Testimony regarding the driver’s appearance, behavior, and performance on field sobriety tests.
• Chemical test results – Blood or urine tests showing traces of drugs in the driver’s system.
• Dashcam or bodycam footage – Video evidence of the driver’s behavior and interactions with police.
• Witness testimony – Statements from passengers or other drivers regarding suspected impairment.

However, not all evidence is reliable. Field sobriety tests can be inaccurate, chemical testing does not prove impairment, and medical conditions or fatigue can be mistaken for drug effects.

Why You Need a Drugged Driving DUI Attorney

A drug DUI conviction can have life-changing consequences, including license suspension, jail time, and a permanent criminal record. Without an attorney, defendants often face the maximum penalties.

An experienced DUI defense attorney can:

• Challenge the validity of field sobriety and drug recognition tests.
• Argue against unreliable chemical testing procedures.
• Negotiate for reduced charges or case dismissal.
• Protect your driving privileges and criminal record.

At The Law Offices of David L. Freidberg, we build strong defenses against drugged driving charges and fight aggressively for our clients.

Call The Law Offices of David L. Freidberg for Drugged Driving DUI Defense

A drugged driving arrest in Will County does not mean an automatic conviction. You have legal rights, and a strong defense strategy can help reduce or dismiss charges. At The Law Offices of David L. Freidberg, we have decades of experience handling DUI drug cases in Will County and throughout Illinois. We provide aggressive representation to protect your rights, license, and freedom.

The Law Offices of David L. Freidberg provides aggressive defense for clients in Will County and throughout Illinois. We are available 24/7 for a free consultation to discuss your case and develop a defense strategy.

The Law Offices of David L. Freidberg provides aggressive legal representation for those accused of DUI in Will 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 Will County, DuPage County, Cook County, Lake County, and the greater Chicago area.