Many of our clients are shocked to learn they can be arrested for DUI even when taking medications legally prescribed by their doctors. But under Illinois law, you absolutely can. Prosecutors don’t care if your medication came from a pharmacy or a street corner—if they think it impaired your ability to drive, they will come after you hard. That’s where we step in. We fight back, we dig in, and we don’t let our clients get steamrolled by aggressive DUI prosecutions built on vague claims of impairment.
The law in Illinois doesn’t just target alcohol or illegal drugs. 625 ILCS 5/11-501(a)(4) makes it a crime to drive under the influence of any drug, including legally prescribed medications, if it makes you unsafe behind the wheel. The key phrase is “under the influence of any drug…to a degree that renders the person incapable of safely driving.” This includes antidepressants, anxiety medications, sleep aids, painkillers, and even allergy pills, if an officer claims your driving was affected, you’re in their crosshairs.
We don’t let prosecutors twist this law into a weapon. Many times, we find that officers jumped to conclusions based on nothing more than a prescription bottle in your glove compartment or a vague observation of “slurred speech.” We challenge every part of their case, starting with whether there was probable cause to pull you over at all.
How Illinois Prosecutors Build These Cases
The state’s case may rely on:
- Officer observations, such as driving behavior or physical appearance
- Field sobriety tests, which are subjective and unreliable when medications are involved
- A Drug Recognition Expert (DRE) opinion, which we know how to tear apart
- Blood or urine tests showing the presence of a prescription drug
But just because a drug is in your system doesn’t mean you were impaired. Illinois law puts the burden on the prosecution to prove that the medication actually made you unsafe to drive. That’s where we strike—at their weakest link.
Our Strategy: Pressure When It’s Time To Fight, Leverage When It’s Time To Win
When prosecutors push, we push back harder. But we also know how to negotiate when it makes sense. We’ve had DUI charges reduced or dropped because we exposed weaknesses in the officer’s report, raised legal issues with the stop or arrest, or forced the state to admit that their case lacked proof of impairment. Whether it’s trial or negotiation, our job is to keep your record clean and your freedom intact.
Illinois Medication DUI Defense FAQs
Can I Really Be Charged With DUI For Taking Medication My Doctor Prescribed?
Yes. Illinois law allows DUI charges even if the drug was prescribed legally. If the prosecution believes the medication impaired your driving, you can be arrested and prosecuted under 625 ILCS 5/11-501(a)(4). It doesn’t matter whether you were following your doctor’s instructions. What matters to the state is whether they believe you were impaired. That’s why you need an aggressive defense team who can challenge the arrest from every angle.
What Kinds Of Medications Could Lead To A DUI In Illinois?
Medications that affect alertness, coordination, or reaction time are often used in DUI cases. These include painkillers (opioids), benzodiazepines (like Xanax or Valium), sleeping pills (like Ambien), muscle relaxers, and even antihistamines. Officers often don’t understand how these drugs work or how long they stay in your system. We know how to challenge weak, subjective claims of impairment.
Can I Defend Myself By Showing I Took The Medication As Prescribed?
Taking your medication as prescribed can help your defense, but it’s not a free pass. Illinois DUI law focuses on whether you were impaired, not whether the medication was legal. That said, we use medical records, dosage history, and expert witnesses to show that you weren’t impaired and that the officer misread the situation. The state has to prove actual impairment, and we make them work for it.
What If I Passed The Breath Test But Was Still Arrested?
This happens more than you think. Breath tests only measure alcohol—not drugs. If you passed the breathalyzer but admitted to taking medication or showed signs an officer claims are drug-related, you can still be arrested. We focus on exposing those weak observations and challenging the credibility of the entire stop.
Are Field Sobriety Tests Reliable In Prescription Drug DUI Cases?
No. Field sobriety tests are flawed, especially when medications are involved. Many prescription drugs can cause side effects like dizziness or fatigue that mimic “impairment” without actually affecting your ability to drive. We attack these tests, highlight the officer’s lack of medical training, and question whether the test results mean anything at all.
What Is A Drug Recognition Expert, And Can Their Opinion Be Challenged?
A Drug Recognition Expert (DRE) is a police officer trained to evaluate whether a person is under the influence of drugs. Their evaluations are subjective, and we know exactly how to challenge them. DREs are not doctors, and their opinions are often based on shaky observations and flawed science. We’ve discredited DRE reports in court many times.
Can I Refuse To Take A Blood Or Urine Test?
Yes, but there are consequences. Refusing a test can trigger an automatic license suspension under 625 ILCS 5/11-501.1, Illinois’ implied consent law. However, refusing also denies the prosecution chemical evidence. We help clients weigh the risks and fight license suspensions in administrative hearings while building a strong defense in the DUI case itself.
How Long Does A DUI Case Involving Prescription Drugs Take To Resolve?
Every case is different. Some resolve in a few months, while others may take longer depending on whether we file motions, challenge evidence, or push the case to trial. We don’t drag things out—but we also never rush into a bad deal. We stay aggressive and smart from start to finish.
Will I Lose My Driver’s License If I’m Convicted?
Yes. A DUI conviction involving drugs can lead to mandatory license suspension. But we work hard to avoid a conviction, file petitions for driving relief, and, when possible, negotiate for reduced charges that protect your driving privileges. Keeping you on the road is always one of our top goals.
What Should I Do If I’ve Been Arrested For DUI While On Medication?
Call us immediately. Do not speak to the police. Do not explain what you took or when. Every word you say can be twisted and used against you. We step in fast, analyze your case, and start applying pressure where it counts—on the prosecution’s weakest points.
Speak With A Chicago DUI Defense Firm That Goes To War For You
Don’t let a DUI charge derail your future just because you took medication prescribed to you. We fight hard, we build real defenses, and we go toe-to-toe with prosecutors to get results that protect our clients. Whether it’s trial or negotiation, we’re ready to go to war for your freedom.
Contact our Chicago DUI lawyer at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation. Our law offices are located in Chicago, Illinois, and we serve clients throughout the entire Chicagoland metro area.