WHEN YOUR DUI IS CAUSED BY A PRESCRIPTION DRUG

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 knew, a police officer noticed you driving erratically, and now you are charged with DUI.

What can happen to you? What can you do?

It may come as a surprise, but the fact that you were on prescribed medication is not a DUI defense. 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. (625 ILCS 5/11-501(4)).   If convicted, you may be guilty of 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.  (See related post Can I Have Medical Marijuana in my Car?)

While not a defense, driving under the influence of medication can be a tricky charge for the state to prove. The state must show beyond a reasonable doubt that you were 1) driving and 2) impaired by a prescription drug.

Proving you were impaired may be harder for the State than in an alcohol-related DUI. Unlike taking a breathalyzer, there are no hard and fast tests to determine when you’ve had too much. Seemingly erratic behavior may be caused by something other than the medication, such as the reason you needed the medication in the first place. Many officers are less familiar with prescription cases and lack the expertise to determine whether the medication actually caused your bad driving.

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.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)