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Is It Possible to Get a DUI in Illinois on Prescription Medication?
In a city as busy and congested as Chicago, driving requires sharp attention and full control of your senses. But what happens when a person is pulled over and arrested for DUI—even though they haven’t had a drop of alcohol? This is the reality for many Chicagoans who take legally prescribed medications for anxiety, sleep, pain, or chronic health conditions. Despite using those medications lawfully and as directed, drivers in Illinois can still be charged with DUI.
At The Law Offices of David L. Freidberg, we’ve defended countless clients throughout Chicago who found themselves facing life-altering criminal charges simply because they were taking a prescription. The law does not draw a hard line between illegal drugs and legal prescriptions when it comes to driving impairment. If law enforcement believes your driving was impaired due to medication, they can—and often do—charge you with DUI under Illinois law.
This is a complex area of DUI law. And because prescription drug DUIs are prosecuted just as aggressively as alcohol-based ones, your choice of defense attorney can make the difference between a clean record and a conviction that follows you for life.
Prescription Drug DUIs in Illinois: The Legal Framework
Under 625 ILCS 5/11-501, it is unlawful for any person to drive or be in actual physical control of a vehicle while under the influence of any intoxicating compound, drug, or combination of drugs to a degree that renders the person incapable of driving safely. That includes medications prescribed by a licensed physician.
Even if the medication is lawfully obtained and used according to medical advice, it can still form the basis of a DUI charge if the officer and prosecutors believe it caused impairment. This is different from alcohol-based DUIs, where impairment is presumed based on a breathalyzer reading of 0.08% or higher. With prescription medication, there is no specific legal limit—prosecutors rely on the officer’s observations and any toxicology results to argue impairment.
Driving under the influence of prescription medication is still considered a Class A misdemeanor for a first offense. This is punishable by up to one year in jail, a maximum $2,500 fine, and mandatory driver’s license suspension. If it’s a second or subsequent offense, or if there are aggravating circumstances like a child in the car, it may be charged as a felony DUI under 625 ILCS 5/11-501(d).
How Prescription DUIs Start: Stop, Investigation, and Arrest in Chicago
In most prescription DUI cases, the stop begins like any other: a traffic violation, a collision, or a wellness check. Maybe the driver was weaving, drifting between lanes, or responding slowly at a stoplight. The officer initiates a traffic stop and begins asking questions. If you tell them you’re taking medication—or they observe drowsiness, delayed speech, or slow movements—they may begin a DUI investigation.
Standard field sobriety tests may be administered. If the officer suspects drug impairment, they might call in a Drug Recognition Expert (DRE) to conduct a drug influence evaluation. You may also be asked to submit to a chemical test—blood or urine—under Illinois’ implied consent laws.
Refusing these tests can lead to a statutory summary suspension of your driver’s license under 625 ILCS 5/11-501.1. Failing them can result in DUI charges based solely on your legal use of prescription medication.
The Role of Evidence in a Prescription Medication DUI
In these cases, the government doesn’t rely on a breathalyzer. Instead, prosecutors try to piece together a narrative based on officer observations, blood test results, and statements made during the stop or arrest.
Evidence in a prescription drug DUI might include:
- Video footage from the officer’s bodycam or dashcam
- Field sobriety test performance
- Your prescription list or statements about medication use
- Officer notes on your behavior, speech, or coordination
- A Drug Recognition Expert report
- Blood or urine toxicology results
Unlike alcohol, there’s no clear threshold for impairment with prescription medications. That creates room for defense—but it also leaves the case open to subjective interpretation. That’s why having a DUI lawyer with experience in these cases is so important.
The Criminal Case Process: What to Expect in Cook County
If you’ve been arrested for a DUI involving prescription medication in Chicago, you’ll likely be processed at a local station and released with a court date. Your first appearance will be an arraignment at the Daley Center or another Cook County criminal courthouse.
After that, your attorney will receive discovery materials from the prosecution. These include police reports, lab results, bodycam footage, and any DRE documentation. Pretrial hearings may be scheduled for motions to suppress evidence or challenge the legality of the stop.
If the case is not resolved by motion or negotiation, it proceeds to trial. At trial, the prosecution must prove beyond a reasonable doubt that you were impaired by a drug—even if it was legally prescribed. Your defense attorney will have the opportunity to question the arresting officer, cross-examine the drug expert, and introduce alternative explanations for your behavior or test results.
Why You Need a Lawyer in a Prescription DUI Case
People sometimes assume that because they were following their doctor’s orders, they have nothing to worry about. But prosecutors are not required to show you broke a prescription instruction—only that the medication impaired your driving.
A DUI lawyer will know how to challenge the officer’s observations, question the reliability of DRE evaluations, and scrutinize toxicology evidence for flaws. In some cases, your attorney may bring in a medical expert to testify that the drug levels in your blood were consistent with normal use—not impairment.
An attorney can also help you avoid license suspension, negotiate reduced charges, or secure court supervision instead of a conviction. Without a lawyer, you are left to navigate a criminal process where the system is not on your side.
Defending a Prescription DUI Charge in Illinois
The best DUI defenses are built on the facts—and on identifying legal errors made by law enforcement. Common defenses in prescription medication DUI cases include:
- The officer lacked probable cause to stop your vehicle
- Field sobriety tests were improperly administered
- There was no DRE evaluation conducted
- Blood or urine samples were mishandled
- The medication was used as prescribed and not impairing
- You were experiencing a medical episode unrelated to medication
Prescription DUI cases are complex because they often involve a combination of law, science, and subjective interpretation. A strong legal defense challenges each of these components, forcing the State to prove its case beyond a reasonable doubt.
Choosing the Right DUI Attorney for a Prescription Drug Case
Prescription DUIs aren’t handled like traditional DUI cases. You need a defense lawyer who understands the unique challenges they bring—from challenging medical testimony to countering trained DREs.
When selecting an attorney in Chicago, ask about their experience with non-alcohol DUIs. Ask how often they challenge chemical tests and how familiar they are with Cook County courts and judges. You want someone who communicates clearly, responds promptly, and has a record of positive outcomes in similar cases.
Questions to Ask at Your Free DUI Consultation
Before hiring a lawyer, you should come prepared with questions such as:
- How often do you handle prescription medication DUI cases?
- Do you work with medical or toxicology experts?
- What motions might apply in my case?
- Have you successfully argued against DRE testimony?
- What are the chances of avoiding a conviction?
The right attorney will answer honestly, explain the defense strategy, and be ready to get to work immediately.
Chicago DUI Prescription Drug FAQs
Can I be charged with DUI for taking medication prescribed by my doctor?
Yes. Even if you have a valid prescription, you can be charged with DUI if law enforcement believes your ability to drive was impaired.
Do I have to tell the officer what medications I’m taking?
You are not required to list your medications during a stop. It’s better to speak to an attorney before making any statements that could be used against you.
Is a Drug Recognition Expert always involved in prescription DUIs?
No. Sometimes officers rely only on field observations and blood results. But without a DRE, the case may be more vulnerable to challenge.
Will I lose my license if I refuse a blood or urine test?
Yes. Refusing chemical testing can lead to a statutory summary suspension—even if you’re not convicted in court.
Can prescription DUI charges be reduced or dismissed?
Yes. With the right defense, it may be possible to have the charges reduced to reckless driving, or dismissed entirely if the evidence is weak or improperly obtained.
Do DUI laws apply differently in Chicago than other parts of Illinois?
The laws are the same statewide, but Cook County courts have unique procedures, and some judges or prosecutors may treat certain cases differently. That’s why local knowledge is critical.
Why You Should Choose The Law Offices of David L. Freidberg
If you’ve been charged with DUI based on prescription medication, you need an attorney who understands both the legal and medical complexities involved. At The Law Offices of David L. Freidberg, we’ve handled these cases for decades in Chicago and throughout the surrounding counties.
We understand how to challenge weak evidence, suppress unreliable observations, and protect your license and your future. Our firm is available 24/7, and we offer free consultations so you can get the answers you need without delay.
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.