Chicago Criminal Lawyer Blog
Every driver in Chicago is vulnerable to the same thing—being pulled over and judged within seconds by an officer who believes they are impaired. The problem is, not every sign of impairment is due to alcohol or drugs. For many drivers in Illinois, medical conditions such as diabetes, epilepsy, or neurological disorders can lead to symptoms that mimic intoxication. These misread signs can result in criminal charges for DUI when the person wasn’t under the influence at all.
Illinois law under 625 ILCS 5/11-501 defines driving under the influence as operating a motor vehicle while impaired by alcohol, drugs, or any intoxicating compound. A DUI can also be based on a chemical test showing a BAC of .08 or higher. But nowhere in that law does it state that a person can be legally charged because they had a medical event. Yet that’s exactly what happens when officers misinterpret a diabetic crash or seizure as a sign of drunkenness.
Officers often rely on visual cues and behavior when deciding whether to arrest someone for DUI. This includes bloodshot eyes, slurred speech, disorientation, and failure to follow instructions. However, a person in the middle of a hypoglycemic episode can display those symptoms too. If the officer sees what they expect to see, confirmation bias kicks in—and the next thing that happens is a roadside sobriety test and an arrest.
The problem grows more serious when field tests are used. Field sobriety tests are standardized but not foolproof. They require balance, coordination, and the ability to follow complex instructions. For someone with neuropathy, muscle fatigue, or neurological complications, these tests can be almost impossible to pass, even when completely sober. Medical conditions like Meniere’s disease, vertigo, or brain trauma can affect motor function and memory, both of which are measured during these roadside evaluations.
Breath testing is another flawed area when it comes to medical conditions. Diabetics experiencing ketoacidosis can have high levels of acetone in their breath. Some breathalyzers mistake acetone for ethyl alcohol, resulting in a false positive. The machine doesn’t understand physiology—it’s programmed to read chemicals. This is why so many wrongful arrests occur, and why fighting a DUI based on medical evidence is not only possible, but essential.
Once someone is arrested in Illinois, the clock begins ticking. Charges can be filed within days. The prosecution will rely on police reports, officer testimony, test results, and any video footage available. But what they may not have—or may ignore—is your medical history. That’s where an attorney comes in. A good criminal defense lawyer will immediately start building your case by obtaining medical documentation, expert evaluations, and identifying the weak points in the state’s evidence.
The consequences of a DUI conviction in Illinois are serious. A first-time DUI is a Class A misdemeanor punishable by up to one year in jail and fines up to $2,500. You may also face a license suspension under Illinois’s statutory summary suspension laws. If this is a second or third offense, or if the incident involved a crash or minor, the charge may be elevated to a felony. A Class 4 felony DUI carries up to 3 years in prison, while a Class 2 felony DUI (third offense) can lead to 7 years.
These penalties are bad enough, but they don’t stop when you leave the courtroom. A DUI stays on your criminal record. It can cost you your job, make it harder to find housing, and drive up your car insurance. Even worse, many people feel hopeless, believing there is no way to prove their condition caused the behavior.
But there are ways to fight back. Consider the case of a man in western Cook County who was arrested for DUI after police found him passed out in his car. He had pulled over after feeling lightheaded and confused. When police arrived, they assumed he was intoxicated due to his sluggish responses. At trial, his lawyer presented records from his endocrinologist showing a history of severe hypoglycemia, along with glucose readings from his monitor. The judge ruled that the prosecution had not met its burden of proof, and the case was dismissed.
The Illinois criminal defense process includes several stages: the arraignment, pretrial hearings, motions, and trial. In many DUI cases involving medical defenses, a well-crafted motion to suppress can end the case before trial. If evidence was gathered based on an unlawful stop or based on misinterpreted symptoms, it may be thrown out.
A qualified attorney will scrutinize every piece of evidence. Body cam footage may reveal inconsistencies in the officer’s statements. Medical records may disprove intoxication. Witness testimony can explain what really happened during the alleged offense. The job of the defense is to show the court that reasonable doubt exists—and that the arrest was based on a misunderstanding of medical facts.
If you are facing charges and know a medical condition was the reason behind your symptoms, don’t assume the court will recognize it on its own. Law enforcement and prosecutors are not doctors. It takes active legal defense, medical documentation, and sometimes expert testimony to set the record straight.
The Law Offices of David L. Freidberg has defended countless DUI cases across Chicago and the surrounding counties of DuPage, Lake, and Will. We understand how medical conditions can be confused with intoxication and know how to bring that truth to light in court. From challenging the stop to dismantling the prosecution’s evidence, we fight to protect your rights and your record.
Call Now – The Law Offices of David L. Freidberg Is Ready to Help
If you’ve been charged with DUI in Chicago and have a medical condition that may have impacted your arrest or test results, call The Law Offices of David L. Freidberg for a free 24/7 consultation.
If you were arrested in Chicago for DUI, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.
Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.
