Can a Medical Condition Make You Look Drunk?

What Illinois Drivers Need to Know About False DUI Arrests

Driving through Chicago can be stressful on the best of days. Add a chronic medical condition to the mix, and you may find yourself facing more than just the city’s infamous traffic. Every year, drivers are wrongly arrested for DUI across Illinois because law enforcement mistakes symptoms of medical issues like diabetes, hypoglycemia, epilepsy, and neurological disorders for intoxication. The outcome can be devastating: license suspension, criminal charges, and a lifelong record for something that was never a crime.

The law in Illinois defines DUI broadly under 625 ILCS 5/11-501. It includes not only alcohol and drug impairment, but also any substance that can make a driver unsafe. However, the law also requires that officers have probable cause to make an arrest. Unfortunately, officers sometimes rely on their assumptions instead of the facts. That’s where the danger lies.

Symptoms like confusion, poor balance, erratic behavior, or slurred speech can all stem from low blood sugar or a seizure. But many officers are trained to view these as signs of intoxication. And once that assumption takes hold, a field sobriety test may follow—along with handcuffs. The irony is that medical conditions can actually make field tests more difficult to perform correctly. A person with neuropathy or tremors, for instance, may fail the one-leg stand or walk-and-turn tests, despite being completely sober.

One of the most commonly misinterpreted conditions is diabetic ketoacidosis (DKA). This occurs when the body produces excess blood acids (ketones), leading to a fruity-smelling breath and slurred speech. Police may assume the driver is under the influence of alcohol based solely on that breath odor. Breathalyzer machines can also produce false positives if the device misreads acetone as alcohol.

In cases like this, our criminal defense attorney can play a critical role. The defense starts with challenging the traffic stop. Did the officer have a legitimate reason to pull you over? Swerving or speeding alone isn’t always enough to establish reasonable suspicion. From there, your attorney will question the probable cause for arrest. Were field sobriety tests conducted correctly? Were your rights violated? Was the officer aware of your medical history?

The Illinois criminal justice system moves quickly. Once a person is arrested, the process advances through booking, arraignment, pre-trial hearings, and trial unless the case is dismissed earlier. Each phase offers an opportunity to challenge the evidence. A good defense strategy will begin with obtaining medical records, securing testimony from your doctor, and possibly hiring a medical expert to explain your condition in court.

DUI in Illinois is a serious offense. Even a first-time misdemeanor charge can lead to jail, probation, mandatory alcohol treatment, and a loss of driving privileges through a Statutory Summary Suspension. If someone has prior DUI convictions or if there are aggravating circumstances, the charge can be elevated to a felony. A third DUI offense is classified as a Class 2 felony and carries up to 7 years in prison.

But the penalties don’t stop there. A DUI conviction can also affect your employment, your insurance premiums, and your reputation. It may disqualify you from professional licenses or certain jobs. And even if you know you were not under the influence, that fact may not come out unless it is fought for in court.

In one case from suburban Cook County, a woman with Type 2 diabetes was stopped late at night and accused of DUI. She was found slumped at the wheel, disoriented. Police claimed she had alcohol on her breath, and she failed the field tests. At the hospital, her BAC came back at 0.00, but the officers proceeded with charges anyway. A thorough defense, backed by her endocrinologist’s report and expert testimony, led to full dismissal. Without a lawyer who understood the impact of diabetes, that result would have been far less likely.

What law enforcement often fails to acknowledge is that these conditions are not rare. According to the CDC, over 1.3 million adults in Illinois live with diabetes. That doesn’t include people suffering from hypoglycemia, seizure disorders, neurological issues, or anxiety-related episodes that may appear similar to intoxication under stress. Each of these can influence behavior, speech, and motor skills—and each can wrongly land someone in jail.

When evaluating potential defenses, your attorney may file motions to suppress breathalyzer results, field sobriety tests, or even the initial stop. They may subpoena hospital records and EMS reports to demonstrate that your symptoms were medically caused. In some cases, video footage from police body cams can show how quickly assumptions were made. Every element of the prosecution’s case must be scrutinized.

If you are facing DUI charges in Illinois and believe a health issue played a role in your arrest, the most important step you can take is to speak with a criminal defense lawyer immediately. Don’t try to explain your condition directly to prosecutors or the court without legal representation—what you say may be misunderstood or used against you.

The Law Offices of David L. Freidberg has handled hundreds of DUI cases throughout Chicago, Cook County, and the surrounding areas. We understand how to investigate the medical causes behind mistaken DUI arrests and how to fight for dismissals, reduced charges, and acquittals. We work with medical experts and know how to build a defense that courts take seriously.

Call Now – The Law Offices of David L. Freidberg Is Ready to Help

If you’ve been charged with DUI in Chicago and have a medical condition that may have impacted your arrest or test results, call The Law Offices of David L. Freidberg for a free 24/7 consultation.

If you were arrested in Chicago for DUI, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.

Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.