The Law Office of Brian J. Mirandola


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Will My Prescription Drugs Cause a DUI?

 Posted on May 21, 2024 in DUI

Aurora DUI drug defense lawyerMany people around Illinois may take prescription drugs to help with certain health conditions and to ensure they can go about their days with minimal pain and symptoms. However, when you need to take your prescription drug and drive, you might be facing charges for driving under the influence if your drugs affect the way you operate your vehicle.

If you find yourself facing a charge for a prescription drug-related DUI, you will need to contact an Illinois DUI drug defense lawyer to learn about your legal options.

Understanding Illinois DUI Law

Illinois has fairly straightforward laws when it comes to driving under the influence. According to the Illinois Vehicle Code, driving under the influence is defined as when a person drives while under the influence of alcohol, chemical substances such as a prescription drug, or controlled substances, such as illegal drugs. All of these items can impair how you operate your vehicle and impact reaction times, awareness, and cognitive functions.

You should note that even if your prescription medication is legally prescribed and you are taking only the prescribed amount, it may still lead to a DUI if you operate your vehicle while under the influence of that drug. Common prescription drugs that are notable for their sedative effects or effects that might impair driving include:

  • Vicodin, Oxycontin, or other opioids
  • Xanax
  • Valium
  • Ambien
  • Prescription cough syrup
  • Antihistamines such as Benadryl

Additionally, medical marijuana may result in a DUI charge, as the state does not permit people under the influence of medical marijuana to operate a vehicle.

Penalties for DUI in Illinois

Prescription drug DUI charges typically result in Class A misdemeanors. In Illinois, this carries a penalty of up to a year in jail and $2,500 in fines. You may also have your driver’s license revoked for at least a year. Other penalties may include:

  • Court supervision for a first-time offense.
  • Potential jail time for a second offense, also carrying a fine of up to $5,000 and a minimum five-year revocation of your driver’s license.
  • Felony charges for three or more prescription drug DUI arrests. Penalties can also include three to seven years in jail, a fine of up to $25,000, and revocation of your driver’s license for at least ten years.

Contact an Aurora, IL DUI Drug Defense Lawyer

Even though you may be taking legal prescription drugs, operating a vehicle while under the influence of drugs that impair your driving ability can still land you with a DUI charge. An experienced Kane County, IL DUI drug defense attorney is essential for navigating the charges against you.

Attorney Brian J. Mirandola is a former Assistant State’s Attorney with an in-depth understanding of the Illinois criminal justice system, and he will advocate for your rights no matter the charge you face. Contact The Law Office of Brian J. Mirandola at 847-488-0889 for a free consultation.

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