Driving under the Influence of Prescription Drugs

You would never drink and drive. You are always very careful about that. But the doctor just gave you a new prescription, and nobody warned you that you could become sleepy behind the wheel of a car. Next thing you know, a police officer noticed your erratic driving, and now you are charged with DUI.

What can happen to you, and what can you do?

It may come as a surprise, but the fact that you were on a prescription is no defense to  DUI. Illinois law prohibits driving under the influence of any drug that renders a person incapable of safely driving, even if you are legally entitled to use that drug. (See 625 ILCS 5/11-501.) DUI is a Class A Misdemeanor, punishable by up to a $2,500 fine and one year in jail. In addition, the Secretary of State may suspend your driver’s license.

While not a defense, driving under the influence of medication can be a tricky for the state to prove. The state must show beyond a reasonable doubt that you were: 1) driving, and 2) under the influence of a prescription drug. The state may have trouble proving you were driving if, for example, you were not in your car when the police arrived.

Proving  you were under the influence can be harder than in an alcohol-related DUI. With alcohol, you may take a breathalyzer or field sobriety tests. Further, the police are generally more familiar with the signs of drunk driving. But for driving under prescription medication, there are no hard and fast tests. Something other than medication may cause seemingly erratic behavior, such as the reason you needed the medication in the first place.

Many officers are much less familiar with prescription cases. Often, they lack the expertise to determine whether the medication actually caused your bad driving. Too many attorneys prematurely plea out these cases when a real issue exists as to the medication’s effects.

An experienced DUI attorney can also investigate other possible defenses. Were you taking the medication in the manner prescribed? Were you given any warnings about the  medication’s effects? Furthermore, the police must have probable cause to stop you. Did you disobey a traffic regulation? If you were just randomly pulled over, an attorney may be able to petition the court to have the evidence from you arrest suppressed.

If you have questions about your DUI or other criminal or traffic matters, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.