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When Medical Conditions Are Mistaken for DUI: Why You Need a Chicago DUI Lawyer Who Understands More Than Just the Law
In Chicago, a DUI charge can follow you for years, even if your arrest was based on a misunderstanding. One of the most troubling trends I’ve seen in Cook County and the surrounding areas is law enforcement confusing legitimate medical conditions with intoxication. Whether you have diabetes, a neurological disorder, or a speech-related issue, the symptoms may resemble impairment—but that doesn’t mean you were breaking the law.
Why Medical Conditions Can Be Misread as Intoxication
Field sobriety tests are designed with general assumptions in mind. They expect the average person to walk a straight line, stand on one leg, or follow a pen with their eyes. But what happens if you’re recovering from an injury or live with a chronic illness like multiple sclerosis? Your performance will naturally vary—and often, officers lack the training to account for that.
I’ve seen cases where clients with epilepsy were arrested because officers thought they were slurring or unresponsive following a minor seizure. Others were dealing with complications from diabetes or inner ear disorders that affected their balance. All of these conditions can produce signs that, on the surface, seem like impairment—but aren’t. In a busy Chicago traffic stop, officers can jump to the wrong conclusion.
Illinois DUI Law and How It Applies to These Cases
Under Illinois law—specifically 625 ILCS 5/11-501—you can be charged with DUI if you are driving while “under the influence of alcohol,” drugs, or “any intoxicating compound.” The statute does not require a specific BAC to prosecute a case. In fact, many DUI charges are brought without chemical evidence, based solely on an officer’s observations. That’s where things get dangerous for people with medical issues.
A first DUI is typically charged as a Class A misdemeanor. That means up to a year in jail, a $2,500 fine, a license suspension, and a permanent criminal record. But if the DUI involved a crash, a child passenger, or you have prior offenses, the charge can become a felony—carrying far steeper penalties, including prison time under 730 ILCS 5/5-4.5-35.
When you have a medical condition, your best chance of avoiding these penalties lies in having a lawyer who understands both the legal process and how to present your medical defense.
How DUI Investigations Usually Go Wrong
Once you’re stopped in Chicago, officers quickly assess whether you’re impaired. They note your physical appearance, speech, and behavior. They often administer roadside sobriety tests or a portable breath test. But their notes and perceptions form the foundation of the arrest—even if they’re wrong.
For example, if you have low blood sugar, your breath can smell fruity or acetone-like. Officers may confuse that odor with alcohol. If you’re disoriented or weak, they may assume you’re impaired. The same is true for people taking prescription medication. Even if those medications are legally prescribed and properly taken, they may still alter your behavior in ways that raise suspicion.
But a misread isn’t a crime. It’s a misinterpretation—and your defense lawyer’s job is to correct that misinterpretation in court.
Fighting Back with Medical Evidence and an Experienced DUI Lawyer
We’ve defended clients in situations where officers failed to check medical bracelets, ignored explanations from drivers, or simply didn’t care to consider a legitimate health problem. In these cases, we get to work immediately by collecting hospital records, contacting physicians, and consulting with medical experts who can explain your condition clearly in legal terms.
Sometimes, the strongest evidence is your own body cam footage. If the officer never asked about medical history—or worse, mocked or dismissed it—we can raise serious concerns about the validity of the arrest. And when it comes to trial, we make sure the judge or jury understands that what looks like intoxication isn’t always what it seems.
A Real Case: From Arrest to Dismissal
One client came to us after being charged with DUI while leaving work. A diabetic, she had experienced a blood sugar crash while driving and was stopped for swerving slightly. The officer claimed she had slurred speech and glassy eyes. He arrested her and brought her to the station, where she tested 0.00 on the breathalyzer. Despite this, he claimed she was under the influence of drugs.
We acted fast. We obtained her glucose monitor data, emergency room records, and secured an affidavit from her endocrinologist. We filed a motion to dismiss based on lack of probable cause and the prosecution, seeing the strength of the medical evidence, dropped the case.
These cases don’t resolve themselves. They require a legal team that knows how to work with doctors, challenge assumptions, and tell your story.
Why Prosecutors Push These Cases Anyway
You may think that explaining your condition is enough to get the charge dropped. Unfortunately, that’s not always how it works in Cook County or surrounding jurisdictions. Prosecutors often take a hard stance on DUI, fearing public backlash if they’re seen as “soft” on impaired driving.
That’s why you need to build a case they can’t ignore. If your lawyer doesn’t push the issue, they won’t. And if your lawyer doesn’t understand trial procedure, they won’t know how to get your medical defense on the record effectively. A cookie-cutter defense won’t cut it.
Why Trial Experience Still Matters in a Case Like This
Even if your goal is to resolve the case early, prosecutors make decisions based on how credible your lawyer is in court. A lawyer who’s known to try cases—and win them—has more leverage at the negotiating table. If the prosecutor knows your attorney is preparing like the case will go to trial, they’re less likely to gamble on a weak set of observations or questionable field sobriety results.
Trial preparation doesn’t just help if your case goes to court—it helps avoid court entirely. On our Chicago Criminal Lawyer Blog, we discuss these strategic advantages and how proper case framing can lead to pretrial dismissals, charge reductions, or conditional discharges.
What To Do If You’ve Been Arrested in Chicago and Have a Medical Condition
If you’ve been charged with DUI in Chicago and know that your condition may have played a role in how you were perceived, you should act immediately. Every day that passes is a missed opportunity to preserve evidence, notify your doctors, and start preparing your defense.
Tell your lawyer about any medications, diagnoses, or physical limitations. Tell them how long you’ve had the condition, whether it affects your balance or speech, and whether it might have flared up that day. These details matter.
Once we have that information, we go to work building a narrative that proves the officer’s interpretation was wrong—and yours is medically sound.
Don’t Let a Misunderstanding Ruin Your Life
The biggest mistake we see? People thinking, “I’ll just explain it to the judge.” That’s not how the criminal justice system works in Illinois. If you’re not represented by a lawyer who understands both law and medicine, your defense will fall flat. You may lose your license, your job, your reputation—and you may never even get a chance to explain what really happened.
At The Law Offices of David L. Freidberg, we’ve helped people across Chicago and throughout Cook, DuPage, Will, and Lake Counties protect themselves against DUI charges rooted in misunderstanding. Our team builds every case like it’s headed to trial—because preparation is power.
Why The Law Offices of David L. Freidberg Is the Right Choice
The Law Offices of David L. Freidberg has decades of experience defending DUI cases in Chicago and across Cook, DuPage, Will, and Lake Counties. We prepare every case as if it will go to trial, giving our clients the upper hand from the very first appearance. Whether your goal is to get charges dismissed or negotiate a favorable plea, our courtroom readiness makes a real difference.
We have successfully defended clients in some of the toughest DUI courts in Illinois. When you hire us, you get a strategic defense tailored to your case and a relentless advocate fighting for your future.
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.