Can You Get a DUI for Prescription Drugs in Chicago?

In Chicago, driving under the influence (DUI) doesn’t only apply to alcohol. You can also face DUI charges for operating a vehicle while impaired by prescription drugs. Even if your medication is legally prescribed, you could still be at risk if it affects your ability to drive safely. Many people don’t realize that substances like painkillers, anti-anxiety medications, and sleep aids can impair driving and lead to serious legal consequences.

If you’ve been charged with a DUI for prescription drugs, it's crucial to have experienced legal representation. Call Ktenas Law at (312) 756-8652 today to discuss your case and learn how our Chicago defense lawyers can help protect your rights and guide you through the legal process.

Are Prescription Drugs Included in Illinois DUI Laws?

Yes, prescription drugs are included in Illinois DUI laws. Under Illinois law, a driver can be charged with driving under the influence (DUI) if they are impaired by any substance, including prescription medications. The law applies if the driver’s ability to operate a vehicle safely is compromised, even if the drugs were legally prescribed.

1. Impairment: Prescription drugs can impair a driver’s ability to focus, react quickly, or make decisions. If a person is found to be under the influence of prescription medication and their driving is affected, they can face DUI charges.
2. No BAC Requirement: Unlike alcohol, there is no specific blood concentration level that applies to prescription drugs. A driver can be charged if it is proven that the drug, regardless of dosage, caused impairment.
3. Common Medications: Painkillers, sedatives, antidepressants, and sleep aids are common prescription drugs that can lead to impairment. Even over-the-counter medications can result in DUI charges if they affect driving.
4. Legal Prescription Defense: Having a prescription for the medication does not exempt someone from DUI charges. The key factor is whether the drug impaired the ability to drive safely.

Drivers in Illinois should be cautious when taking any prescription medications and ensure they are aware of the potential side effects that may impact their ability to drive.

Which Types of Prescription Drugs Are Most Commonly Involved in DUI Cases?

The prescription drugs most commonly involved in DUI cases tend to fall into specific categories due to their ability to impair cognitive and motor functions. These are the types of prescription drugs frequently seen in DUI-related incidents:

• Opioid Painkillers: Opioids such as oxycodone (OxyContin, Percocet), hydrocodone (Vicodin), and morphine are widely prescribed for pain relief. These medications can cause drowsiness, confusion, and slowed reaction times, significantly impairing driving ability.
• Benzodiazepines: Benzodiazepines like Xanax (alprazolam), Valium (diazepam), and Ativan (lorazepam) are prescribed to treat anxiety and insomnia. Their sedative effects can cause drowsiness, dizziness, and impaired coordination, making them one of the most common drug categories involved in DUI cases.
• Sleep Aids: Medications like Ambien (zolpidem) and Lunesta (eszopiclone) are designed to help with sleep disorders but can cause next-day drowsiness or confusion. "Sleep-driving" incidents have been reported, where individuals unknowingly drive while under the influence of these drugs.
• Antidepressants: While not as commonly recognized as impairing, certain antidepressants, especially older tricyclic antidepressants like Elavil (amitriptyline) and newer SSRIs like Prozac (fluoxetine) or Zoloft (sertraline), may cause fatigue, dizziness, or blurred vision, leading to impaired driving.
• Muscle Relaxants: Drugs such as Soma (carisoprodol) and Flexeril (cyclobenzaprine) are prescribed for muscle pain and spasms but can cause drowsiness, dizziness, and impaired motor skills, making them problematic when taken before driving.
• Anti-Seizure Medications: Medications like Gabapentin (Neurontin) and Lyrica (pregabalin) are used to control seizures and treat nerve pain but can impair concentration, coordination, and reaction times, contributing to DUI charges.
• Stimulants: While typically prescribed for ADHD, medications like Adderall (amphetamine) and Ritalin (methylphenidate) can impair judgment and cause nervousness or hyperactivity, potentially leading to reckless driving behaviors.
• Antihistamines: Although over-the-counter, antihistamines like Benadryl (diphenhydramine) are frequently involved in DUI cases. They can cause extreme drowsiness and slower reaction times, posing significant risks when driving.
• Antipsychotics: Drugs used for treating psychiatric conditions, such as Seroquel (quetiapine) and Risperdal (risperidone), can cause sedation, dizziness, and reduced motor skills, contributing to impaired driving.

In most DUI cases involving prescription drugs, the issue is not that the driver was using an illegal substance, but rather that the medication affected their ability to drive safely. Even if prescribed, driving while impaired by these drugs can still result in DUI charges.

What Does Law Enforcement Look for in a Prescription Drug DUI Stop?

During a DUI stop involving prescription drugs, law enforcement officers are trained to recognize signs of impairment, even if the driver hasn't consumed alcohol. Here’s what officers typically look for in a prescription drug DUI stop:

Erratic Driving Behavior

The initial reason for the stop often relates to the way the driver is operating the vehicle. Officers look for erratic driving patterns that may indicate impairment, such as:

• Swerving between lanes
• Driving too fast or too slow
• Ignoring traffic signals
• Delayed reactions to road signs or signals
• Failing to maintain a safe distance from other vehicles

Physical Signs of Impairment

Once the driver is stopped, officers observe for physical signs that suggest the driver may be under the influence of prescription drugs:

• Bloodshot or glazed eyes
• Dilated or constricted pupils
• Slurred or slow speech
• Lack of coordination or balance
• Unusual or lethargic movements
• Shaking hands or body tremors

Field Sobriety Test Performances

Officers often ask the driver to perform field sobriety tests to assess their coordination and cognitive function. Common tests include:

• Horizontal Gaze Nystagmus (HGN) Test: This test checks for involuntary jerking of the eyes, which can occur when a person is impaired.
• Walk and Turn Test: Officers observe the driver’s ability to follow instructions and maintain balance while walking in a straight line.
• One-Leg Stand Test: This tests balance and coordination, requiring the driver to stand on one leg while counting.

While these tests are often used for alcohol-related stops, they can still help officers detect signs of drug impairment.

Observations of Behavior and Speech

Law enforcement officers also pay attention to how the driver is behaving and communicating:

• Confusion or inability to follow instructions
• Lethargy or hyperactivity
• Slurred or overly slow speech patterns
• Difficulty understanding or processing questions

Odors or Visible Medications

In some cases, the officer may detect the smell of drugs or spot prescription bottles inside the vehicle. While most prescription drugs don’t emit strong odors like alcohol or marijuana, visible medication containers or spilled pills may raise suspicion.

Admission of Prescription Drug Use

If a driver admits to taking prescription drugs, officers will ask about:

• What medications were taken
• When the drugs were taken
• Dosage and potential effects

Drug Recognition Experts (DREs)

In some jurisdictions, officers trained as Drug Recognition Experts may be called in to assess whether a driver is under the influence of drugs. DREs follow a 12-step protocol that includes checking vital signs, pupil size, muscle tone, and more to determine what type of drug may be impairing the driver.

Chemical Testing

If the officer suspects the driver is impaired, they may request a chemical test, such as:

• Breathalyzer test: While breath tests are primarily used to detect alcohol, some may also show the presence of drugs.
• Blood test: This can detect the presence of prescription drugs in the driver’s system.
• Urine test: Another option to check for drug use, though it’s less common for roadside stops.

Even though a driver may have a valid prescription, impaired driving can lead to DUI charges. Law enforcement focuses on impairment, regardless of whether the substance is legal or prescribed.

Penalties for Prescription Drug DUI in Chicago

In Chicago, the penalties for driving under the influence of prescription drugs can be severe and vary based on the specifics of the case, such as prior offenses and the circumstances surrounding the DUI.

A first-time DUI offense in Chicago may result in a misdemeanor charge, leading to fines ranging from $500 to $2,500. Additionally, offenders may face up to one year in jail. Repeat offenders or those with aggravating factors could face felony charges, which carry harsher penalties.

A DUI conviction typically results in an automatic driver's license suspension. For a first offense, the suspension period may last from six months to one year, while subsequent offenses can lead to longer suspensions.

Courts may impose probation instead of jail time, especially for first-time offenders. Additionally, participation in a substance abuse treatment program may be mandated. Beyond fines, offenders may incur other costs such as legal fees, court costs, and increased insurance premiums. A DUI conviction can also affect employment opportunities, particularly for jobs that require driving.

Facing DUI Charges for Prescription Drugs? Get Legal Help

Facing a DUI charge for prescription drugs in Chicago can be overwhelming, but you don’t have to navigate it alone. Understanding your legal options and building a strong defense are essential steps in protecting your future. The laws around prescription drug DUIs can be complex, and the penalties may be just as severe as those for alcohol-related offenses.

If you're dealing with DUI charges related to prescription drugs, contact our Chicago DUI firm today. Our experienced team is ready to fight for your rights and work toward the best possible outcome for your case. Don’t wait—reach out now for a consultation.