DUI Charges for Prescription Medications in Illinois

 Posted on August 14, 2025 in DUI

Driving under the influence (DUI) is a serious offense in Illinois. If you thought that only alcohol or illegal drugs can lead to a DUI, you were mistaken. Prescription medications can also result in DUI charges if they impair your ability to drive. However, if you have been charged with a DUI, our Aurora, IL DUI defense attorney can help you navigate the complexities of DUI law and build a defense strategy to fight the charge.

What Does Illinois Law Say About Driving Under the Influence?

In Illinois, DUI laws are governed by the Illinois Vehicle Code, specifically under 625 ILCS 5/11-501. According to this statute, a person can be arrested for DUI if they are operating a vehicle under the influence of alcohol, drugs, or a combination of both. The law does not differentiate between legal and illegal drugs. It is not just about the substance. It is about how it affects your ability to drive safely. The key issue is whether the drug impairs your physical or mental faculties to the point that you cannot operate your vehicle safely.

Common Prescription Medications That Could Result in a DUI

Many prescription medications that can impair a person’s ability to drive. Some common examples include:

• Painkillers: Medications such as oxycodone and hydrocodone are commonly prescribed for pain relief. These medications can make a person feel drowsy, dizzy, or impaired.

• Anti-anxiety medications: Drugs like Xanax and Ativan are prescribed to treat anxiety, but can cause drowsiness and slowed reaction times.

• Antidepressants: Certain antidepressants can affect your coordination and judgment, which is essential for safe driving.

• Antihistamines: Some over-the-counter antihistamines, often used to treat allergies, can cause drowsiness and affect alertness.

While these medications are legally prescribed, they can still impair a person’s ability to drive, and the law treats driving under their influence similarly to driving under the influence of alcohol or illegal drugs.

Can You Refuse a Chemical Test for a DUI Case Involving Prescription Drugs?

Under Illinois law, if you are arrested for a DUI involving prescription drugs, you are still required to submit to a chemical test. This could be a blood, urine, or breath test. Refusing can result in severe consequences, even if the DUI charge is related to prescription drugs. According to the Illinois Implied Consent Law, under 625 ILCS 5/11-501.1, refusal to submit to testing can lead to a suspension of your driver's license for up to one year. Even if you were taking prescription medication legally, refusing the test could still lead to significant penalties.

Possible Defense for DUI Charges Involving Prescription Medication

Your defense strategy will depend on the details of your case, but some common examples include:

• No side effects: You may argue that the medication was legally prescribed and the dosage or side effects were not meant to impair your driving.

• Lack of impairment: Even if the drug is in your system, you could show that it did not affect your driving abilities.

• Improper testing: Issues with how the chemical test was administered could raise questions about the results.

• Medical condition: In some cases, you may prove that your medical condition, not the medication, caused the impairment.

Contact an Elgin, IL DUI Defense Attorney Today

If you have been charged with a DUI involving prescription medication, you should seek legal representation immediately. Attorney Brian J. Mirandola, a former Assistant State’s Attorney, has the experience and knowledge to navigate your case effectively. Clients consistently praise Attorney Mirandola for his professionalism, intelligence, and dedication to being available whenever they need him. Call 847-488-0889 today to schedule a consultation with an Aurora, IL DUI defense lawyer at The Law Office of Brian J. Mirandola who cares.