Can a Medical Condition Affect Your DUI Charge in Illinois?

Fighting Back Against DUI Charges in Chicago, Even When Health Conditions Are Misinterpreted

If you’ve been arrested for DUI in Chicago and you’re dealing with a medical condition, you’re not alone—and your case may be more defensible than you think. As a DUI defense lawyer with decades of experience in Cook County and the surrounding areas, I’ve handled countless cases where medical issues were mistaken for signs of impairment. Whether you’re accused of being under the influence in downtown Chicago, pulled over near Midway, or arrested after swerving on I-90 through Logan Square, what’s written in the police report isn’t always the full story.

In Illinois, DUI charges are serious. Depending on the facts of your case, you could be facing a misdemeanor or a felony. A first-time DUI without aggravating factors is generally a Class A misdemeanor under 625 ILCS 5/11-501. This carries up to 364 days in jail, fines up to $2,500, and mandatory alcohol education. However, your charge can quickly escalate to a Class 4 felony if there are prior convictions, a child in the vehicle, or if someone was injured.

The legal consequences are only part of what’s at stake. A DUI conviction will haunt your record, possibly costing you your job, increasing your insurance rates, and limiting future opportunities. But even if you tested over the limit or admitted to drinking, medical conditions can open the door to strong legal defenses.

Let’s take a closer look at how Illinois law works, how DUI investigations unfold, and why it’s so critical to have an attorney defending your rights from day one.

Understanding Illinois DUI Law and Penalties

Under Illinois law, 625 ILCS 5/11-501 outlines what qualifies as a DUI. You can be charged if you drive or are in actual physical control of a vehicle while:

• Your BAC is .08% or higher
• You’re under the influence of alcohol or other intoxicating compounds
• You’re impaired by prescription drugs, over-the-counter medicine, or illegal substances
• You have any amount of a controlled substance in your blood or urine

Medical conditions can easily be mistaken for drug or alcohol impairment. Conditions like diabetes, epilepsy, multiple sclerosis, traumatic brain injuries, and even allergies can cause slurred speech, unsteady balance, or strange odors—all things that officers may note as signs of intoxication.

A first-time DUI is generally a Class A misdemeanor, but if someone is hurt or killed, or if there are prior offenses, the penalties escalate fast. For example:

• Second DUI: still a misdemeanor, but mandatory minimum jail time may apply.
• Third DUI: typically a Class 2 felony, punishable by 3–7 years in prison.
• Aggravated DUI: any DUI involving death, serious injury, a child passenger, or a revoked license, usually charged as a Class 4 or higher felony.

How DUI Investigations Begin in Illinois

Most DUI cases in Chicago begin with a traffic stop or roadside encounter. Police may stop you for swerving, speeding, or a broken taillight. Once stopped, officers look for signs of impairment: glassy eyes, the smell of alcohol, or nervous behavior. If they suspect you’ve been drinking or using drugs, they’ll ask you to perform field sobriety tests and possibly a roadside breath test.

If you fail or refuse, you may be arrested and taken to the station for chemical testing—blood, breath, or urine. Even if your BAC is under the legal limit, you can still be charged with DUI if the officer believes you’re impaired. That’s why medical conditions play such a crucial role. An officer who doesn’t understand your health condition may draw the wrong conclusion.

The Arrest Process and Its Implications

After arrest, you’ll be booked and processed. In Chicago, you’ll typically be held at a district station before appearing for bond court. This is your first appearance before a judge, who will set bond and any pretrial release conditions.

A DUI arrest automatically triggers a Statutory Summary Suspension of your license under 625 ILCS 5/11-501.1—even before you’re convicted. This is a civil penalty that applies if you refuse testing or if your BAC is .08% or more. The license suspension can range from six months to three years, depending on prior offenses and whether you refused testing.

In addition to jail time and license suspension, consequences can include:

• Loss of commercial driving privileges (CDL)
• Job termination or license revocation for professionals
• Mandatory alcohol/drug education or rehabilitation
• Vehicle impoundment or ignition interlock device

The Illinois Criminal Trial Process for DUI Cases

Once formal charges are filed, your case moves into the pretrial and trial stages. The court process in Cook County and other jurisdictions like Will, Lake, or DuPage County follows this general sequence:

• Arraignment: You’re formally informed of the charges.
• Discovery and Pretrial Motions: Your lawyer requests police reports, video, and lab results. We may file motions to suppress evidence based on lack of probable cause or improper testing.
• Trial: If the case goes to trial, the prosecution must prove beyond a reasonable doubt that you were impaired. Your lawyer can present evidence of your medical condition, cross-examine officers, and introduce expert testimony.
• Sentencing: If convicted, the court imposes penalties based on the offense class and your criminal history.

The trial process is not something you want to face without legal guidance. Every decision—from whether to take a plea deal to whether to testify—can affect your future.

The Type of Evidence Law Enforcement Collects

In DUI cases, law enforcement typically gathers a combination of:

• Dashcam or bodycam footage
• Field sobriety test performance
• Breathalyzer results
• Blood or urine toxicology reports
• Officer testimony
• Statements you make before or after arrest

Unfortunately, officers often ignore or misinterpret medical factors that may explain odd behavior. For instance, a diabetic in ketoacidosis may appear confused and emit a fruity breath odor that mimics alcohol. A person with a neurological condition might fail a balance test through no fault of their own.

This is why a careful review of the evidence is critical. A seasoned attorney will know how to challenge flawed assumptions and unreliable testing methods.

The Advantage of Hiring a Criminal Defense Attorney

When your health is being misinterpreted as impairment, you need an attorney who understands both the medical and legal implications. I’ve handled countless cases where clients thought all hope was lost because they admitted to drinking or tested over the limit—only for the charges to be dismissed or reduced after we uncovered critical facts.

An attorney can:

• Challenge unlawful stops or testing procedures
• Use medical experts to explain symptoms that mimic intoxication
• Seek dismissal of flawed evidence
• Negotiate alternative sentencing options
• Protect your license through administrative hearings
• Help you avoid having a criminal record

Your lawyer is your shield from a system that often assumes guilt. Don’t try to manage a DUI charge on your own—especially when your health condition may be your strongest defense.

Potential Legal Defenses Based on Medical Conditions

Medical defenses may be the key to your case. Some common strategies include:

• Ketoacidosis from diabetes leading to false-positive breath tests
• Neurological disorders like multiple sclerosis or Parkinson’s causing poor balance or slurred speech
• Traumatic brain injuries causing confusion or erratic behavior
• Seizure disorders leading to postictal symptoms mistaken for impairment
• GERD or acid reflux causing breath test errors

Your lawyer may also argue procedural defenses, such as:

• Lack of probable cause to stop or arrest you
• Improperly administered field sobriety tests
• Contaminated or mishandled blood samples
• Unqualified lab technicians
• Denied access to a medical exam during custody

A defense based on your condition must be supported by documentation, testimony, or expert opinions. I work with medical professionals who can help prove that what looked like intoxication was actually a health issue.

What to Look for in a Chicago DUI Defense Attorney

You want an attorney with courtroom experience, an understanding of DUI law, and a record of defending people with complex medical histories. Your lawyer should know the judges and prosecutors in Cook County and surrounding areas and have a plan tailored to your specific facts.

When you meet with a potential attorney, ask:

• How many DUI cases have you defended in Cook County?
• Have you handled cases involving medical defenses?
• Will you personally be handling my case?
• Can you help with the license suspension hearing?
• What’s your strategy if the breath test shows .08% or more?

This isn’t the time to go it alone. The right attorney can make all the difference.

Chicago DUI Defense FAQs: Medical Conditions and DUI Charges in Illinois

Can diabetes cause a false DUI arrest in Illinois?
Yes, diabetic ketoacidosis (DKA) can lead to symptoms like confusion, slurred speech, and breath odor that police may mistake for alcohol use. DKA can also produce acetone in the breath, which may interfere with breathalyzer readings. If you were arrested and have diabetes, your condition should be investigated thoroughly as part of your defense.

Do officers in Illinois have to consider medical conditions during a DUI investigation?
Technically, officers are trained to observe signs of impairment, but they often miss the connection between medical issues and perceived impairment. An experienced defense attorney can raise this issue in court and present expert medical testimony to challenge the prosecution’s assumptions.

What if I told the police I have a medical condition but they arrested me anyway?
That happens often. Just informing the officer doesn’t mean they’ll stop the investigation. But if it was recorded or noted in the report, your attorney can use it to show that officers ignored alternative explanations for your behavior.

Can I be convicted of DUI even with a valid medical explanation?
You can be charged, but to convict you, prosecutors must prove impairment beyond a reasonable doubt. A well-prepared defense based on a legitimate medical condition can introduce reasonable doubt, potentially leading to dismissal or acquittal.

Will a DUI arrest for medical reasons still go on my record?
Yes, unless the charges are dismissed or reduced. That’s why it’s crucial to fight the case from the beginning. An attorney can push for a reduction to a lesser offense or seek expungement if you’re found not guilty.

Can prescription medication result in a DUI in Illinois?
Yes. Even legal prescriptions like Xanax, Ambien, or pain medication can lead to impairment charges. You may still have a defense if the drug was taken as prescribed and didn’t actually impair your ability to drive.

Do field sobriety tests work for people with physical disabilities?
No. Standard field sobriety tests are not reliable for individuals with certain physical or neurological conditions. Officers should make adjustments or use alternative methods, but often they don’t. That failure can be challenged in court.

Can I fight a DUI charge if I failed the breath test?
Absolutely. Breath tests aren’t foolproof. Medical conditions like GERD, mouth alcohol, or recent dental work can skew results. The device must also be properly calibrated and administered. Your attorney can review test records and challenge the results.

Why You Need a Lawyer If You’re Facing a DUI With a Medical Condition

It’s a critical mistake to assume your medical condition will speak for itself in court. Without a lawyer, prosecutors will press forward as if your behavior stemmed from intoxication, not health issues. I’ve seen too many people lose their case—and their license—because they didn’t fight back.

At The Law Offices of David L. Freidberg, we bring decades of DUI defense experience in Chicago and the surrounding counties of Cook, DuPage, Lake, and Will. We’ve helped clients avoid convictions, keep their licenses, and get back their peace of mind. You deserve a defense that considers your full story.

Call The Law Offices of David L. Freidberg Today

If you’re dealing with a DUI charge in Chicago and you have a medical condition that may have been misunderstood or ignored, now is the time to act. 

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

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.