Chicago Criminal Lawyer Blog
And What a Skilled Lawyer Can Do About It
Being arrested for DUI is frightening under any circumstances. But it can feel downright surreal when you haven’t had anything to drink—and still find yourself in handcuffs. This happens more often than people realize, especially in Chicago, where officers frequently rely on appearance and behavior to determine impairment. If you have a medical condition that affects your coordination, speech, or demeanor, it may be misinterpreted as intoxication. The result? You could face criminal charges that carry jail time, license suspension, and a criminal record—despite being completely sober.
At The Law Offices of David L. Freidberg, our defense attorney understands how serious this situation is. We’ve successfully defended countless clients across Cook County and throughout the Chicago area who were arrested because of how they looked or moved, not what they actually did. We fight to ensure that your medical condition isn’t used against you in a courtroom.
The Legal Framework in Illinois: DUI Charges Based on Perception
Illinois law under 625 ILCS 5/11-501 allows police to arrest drivers not just for driving with a BAC over .08, but also for any behavior that appears impaired. This includes physical symptoms like slurred speech, poor balance, red or watery eyes, confusion, and unusual behavior. But these same signs can be caused by health conditions like hypoglycemia, epilepsy, vertigo, traumatic brain injury, or anxiety.
Even a common cold, allergies, or fatigue can influence how you perform on field sobriety tests. The law doesn’t require officers to medically verify their assumptions before making an arrest. That leaves room for serious errors, especially when law enforcement overlooks or doesn’t understand what your body is going through.
Unfortunately, a DUI charge doesn’t stop with the arrest. If you’re convicted, penalties can include up to a year in jail for a Class A misdemeanor, thousands of dollars in fines, and a revoked driver’s license. Felony DUI charges under circumstances such as prior offenses, injury crashes, or minor passengers can result in years in prison and permanent record damage. The impact on employment, housing, and your professional licenses can last far longer than any court sentence.
That’s why it’s critical to have a DUI lawyer who knows how to present a defense based on medical evidence—and who understands how these cases are prosecuted and challenged in court.
Real Consequences From False Assumptions
One of the most frustrating aspects of DUI law enforcement is how quickly officers can jump to conclusions based on appearances. Imagine being stopped on Lower Wacker Drive for drifting slightly over a lane line. You’re exhausted, you have vertigo from an inner ear condition, and your medication causes dry mouth and slow speech. The officer asks you to exit the car. You sway slightly—because of your condition—and struggle with the instructions for the field sobriety tests.
Next thing you know, you’re in the back of a squad car, arrested for DUI, and your car is being towed. They might administer a breathalyzer, which comes back clean. Still, the officer believes you’re impaired by drugs or a combination of alcohol and medication. You’re booked and charged—and your life is now in chaos.
This is not hypothetical. I’ve represented individuals throughout Chicago in situations just like this. Often, it’s not until we present complete medical records, testimony from doctors, and video evidence that the case begins to unravel for the prosecution.
Building a Medical Defense in a Chicago DUI Case
Medical defenses in DUI cases aren’t just about showing you were sick or tired. They require a carefully crafted narrative that aligns with your symptoms, medical history, and the specific circumstances of the stop and arrest. Here’s how we approach it:
We begin by requesting all discovery materials, including dash cam footage, police reports, and body cam recordings. We look at every detail—what the officer said, how you responded, what instructions you were given, and whether the stop and arrest were conducted lawfully.
We then gather documentation from your physicians. If you were being treated for a condition that could explain your symptoms, we use medical records to show that. In some cases, we consult with specialists—neurologists, endocrinologists, or toxicologists—who can testify that your symptoms weren’t caused by alcohol or drugs but by a known diagnosis.
We also challenge the validity of the field sobriety tests, which are not designed for individuals with physical or mental impairments. These tests are standardized for the average person under normal conditions. If you had a condition that prevented you from performing them properly, we argue that the test results are meaningless.
In addition, we challenge the use and reliability of any chemical tests. Some medical conditions and diets—such as ketogenic diets or diabetes—can cause elevated acetone levels in the breath, which can skew breathalyzer results. Certain medications can create chemical markers that confuse breath, blood, or urine analysis.
With this approach, we’re not just defending you—we’re telling the court what really happened, backed by facts.
The Role of Trial Experience in Winning These Cases
Even if you think your case will be resolved in a plea deal, the attorney you choose should always be preparing like your case is going to trial. Prosecutors respect lawyers who try cases—and fear those who win them. When your defense is built by a trial-tested DUI lawyer, it’s taken more seriously at every phase, from pretrial hearings to negotiations.
Having litigated DUI cases throughout Cook, Will, DuPage, and Lake Counties, I know what local judges and prosecutors look for—and how they evaluate medical-based defenses. Whether it’s filing a motion to suppress, conducting a cross-examination of the arresting officer, or calling a medical expert to the stand, we’re prepared for every outcome.
We explain more about our courtroom strategies on the Chicago Criminal Lawyer Blog, where we regularly cover DUI defenses based on mistaken impairment and how we’ve helped clients clear their names.
What To Do If You’ve Been Arrested in Chicago for DUI Based on a Health Condition
If you’re facing DUI charges in Chicago, don’t assume that telling the court about your condition will be enough. The system doesn’t work that way. Prosecutors will rely on the officer’s observations, the police report, and any test results they have. If your medical history and condition aren’t properly presented and backed by legal arguments, you could still be convicted.
The first step is hiring a lawyer who asks the right questions. At The Law Offices of David L. Freidberg, we ask every client whether they were taking medication, had any medical issues, or had physical problems that might have affected their balance or behavior. We investigate those claims and build a case that presents your side of the story.
We also ensure that if your rights were violated during the stop, arrest, or testing process, we move to suppress that evidence. If the arrest lacked probable cause or if the officer ignored clear signs of a medical emergency, those are grounds to challenge the entire case.
You Deserve a Defense Based on the Truth
Too often, DUI charges proceed because no one stops to question whether the initial observations were wrong. That’s what we do. We ask the hard questions. We get the medical records. We bring in the experts. And we make sure your voice is heard in court.
It’s not enough to say “I have a condition.” We work to prove it—and we know how to make the law work in your favor.
Why The Law Offices of David L. Freidberg Is the Right Choice
The Law Offices of David L. Freidberg has decades of experience defending DUI cases in Chicago and across Cook, DuPage, Will, and Lake Counties. We prepare every case as if it will go to trial, giving our clients the upper hand from the very first appearance. Whether your goal is to get charges dismissed or negotiate a favorable plea, our courtroom readiness makes a real difference.
We have successfully defended clients in some of the toughest DUI courts in Illinois. When you hire us, you get a strategic defense tailored to your case and a relentless advocate fighting for your future.
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.
