Medical Misdiagnosis or DUI? What Every Chicago Driver Needs to Know

Medical Misdiagnosis or DUI? What Every Chicago Driver Needs to Know

If you’ve been accused of driving under the influence in Chicago, but you suffer from a medical condition that could have caused symptoms mistaken for impairment, your case is far from hopeless. In fact, your health could be the key factor that explains why you were wrongly arrested.

Every day in Cook County, people are pulled over and arrested for DUI based on signs like unsteady walking, slurred speech, or confusion—all of which can be caused by legitimate medical conditions. Unfortunately, law enforcement isn’t always trained to spot the difference between intoxication and a health crisis. When that happens, you can end up facing serious charges that could change the course of your life.

That’s why it’s critical to act fast and secure legal representation that understands the science, the law, and the stakes.

Understanding DUI Charges in Illinois and How Medical Conditions Come Into Play

Illinois law is clear when it comes to DUI. Under 625 ILCS 5/11-501, it is illegal to drive or be in actual physical control of a vehicle if:

Your blood alcohol concentration (BAC) is .08 or higher
You’re under the influence of alcohol or other drugs to a degree that makes you incapable of driving safely
You have any amount of a controlled substance in your system

These laws are enforced aggressively in Chicago and throughout Illinois. A first-time DUI charge is usually a Class A misdemeanor, punishable by up to one year in jail and up to $2,500 in fines. But the penalties escalate quickly if there are prior offenses, if someone is injured, or if a child was in the car.

What the law doesn’t always take into account is how certain medical conditions can mimic intoxication. That’s where things get complicated—and potentially unjust.

Conditions That Can Be Confused with DUI Symptoms

When police pull you over, they rely on cues like your behavior, speech, and appearance. Unfortunately, many medical issues can trigger the same signs they’re trained to look for:

Diabetes: A person in hypoglycemic shock may appear disoriented, weak, or confused, and may even lose consciousness. Diabetic ketoacidosis can cause breath that smells like alcohol.
Neurological disorders: Multiple sclerosis, Parkinson’s disease, and ALS can lead to muscle weakness, tremors, and speech difficulties—all of which may be mistaken for signs of impairment.
Post-seizure effects: Someone who has just had a seizure may be groggy, slow to respond, or unable to follow instructions.
Head injuries: A person suffering from a concussion might have poor balance or memory lapses.
GERD (acid reflux): This can skew breathalyzer results by introducing alcohol vapors into the mouth from the stomach.

Officers don’t always consider these explanations. And that leads to wrongful arrests, flawed prosecutions, and life-altering consequences for people who were never truly impaired.

The Chicago DUI Arrest Process and Medical Misunderstandings

Once an officer suspects DUI, the process tends to unfold rapidly. After a brief roadside investigation—often involving field sobriety tests or a preliminary breath test—you may be arrested and taken to the police station. There, you may be asked to submit to further chemical testing, including breath, blood, or urine samples.

But there’s a problem: Illinois criminal law assumes compliance through its implied consent statute (625 ILCS 5/11-501.1). If you refuse, your license will be automatically suspended for at least one year. And if you comply and the results are tainted by a medical condition, the machine won’t care—it’ll just show a number.

This is where mistakes begin to snowball. Officers may write in their report that you were uncooperative, failed the field sobriety test, or slurred your words. And when the breathalyzer result confirms their bias—even if it’s wrong—the State begins to build a case around a false assumption.

The Hidden Costs of a DUI Conviction in Illinois

Being convicted of DUI in Chicago doesn’t just mean paying a fine. The ripple effects are long-lasting and damaging:

Jail time (even for first offenses)
Suspension or revocation of your driver’s license
Mandatory alcohol education or treatment
Community service
Installation of a breath alcohol ignition interlock device (BAIID)
A permanent mark on your criminal record

But that’s just the legal side. The real cost often comes in the form of lost job opportunities, revoked professional licenses, sky-high insurance rates, and the social stigma that comes with having a criminal conviction.

If you’re facing DUI charges and you believe your health played a role, ignoring it—or trying to handle it on your own—is not an option.

Why Medical Defenses Must Be Raised Early in the Case

Time is everything in a DUI case. The sooner you get an attorney involved, the sooner they can begin:

Requesting bodycam and dashcam footage
Obtaining your medical records and documenting your condition
Consulting with doctors or specialists to prepare defense testimony
Challenging field sobriety test results based on physical limitations
Requesting a hearing to fight your license suspension before it becomes automatic

Waiting too long could mean critical evidence is lost—or worse, that you accidentally say something that undermines your defense. You must have someone advocating for you from the moment charges are filed.

How DUI Cases with Medical Defenses Are Tried in Court

When medical conditions form the basis of your DUI defense, the courtroom strategy becomes more technical. Your attorney will focus on educating the court and jury about your condition and how it caused behaviors that may have appeared suspicious.

Key issues often include:

Whether the officer should have recognized signs of a medical emergency rather than intoxication
Whether field sobriety tests were administered fairly to someone with physical limitations
Whether breath or blood tests were conducted properly and analyzed accurately
Whether your symptoms can be independently verified by medical experts

This type of defense can be highly effective—but only when presented correctly. Judges and jurors are not medical professionals. They need to be walked through the facts by someone who understands how to explain these issues persuasively and clearly.

Why You Should Hire an Attorney Familiar With Health-Based DUI Defenses

Not all defense attorneys are the same. Some take a one-size-fits-all approach to DUI defense, treating every case like it’s just another file on the desk. But when your health is involved, the defense becomes more specialized. You need someone who knows how to challenge assumptions, dig into lab reports, and bring in credible medical witnesses.

An attorney familiar with health-based DUI defenses will also:

Know how to file the right motions to keep problematic evidence out of court
Recognize when an officer failed to act appropriately during the stop or arrest
Push for charge reductions, alternative sentencing, or even full dismissal when possible

The sooner that attorney is on your side, the stronger your defense can be.

What You Should Ask at Your Free DUI Consultation

If you’re searching for a lawyer to defend you against DUI charges that stem from a misunderstood health condition, be sure to ask the right questions:

Have you handled DUI cases involving medical conditions like mine?
What success have you had challenging breath test results?
Will you personally be handling my case in court?
Can you help preserve my driver’s license at the administrative hearing?
How quickly can we gather evidence that supports my defense?

This isn’t about convenience—it’s about protecting your future.

The Law Offices of David L. Freidberg: Fighting for Chicago Drivers With Health-Related DUI Charges

We’ve seen countless cases where clients came to us after being arrested simply because they were diabetic, epileptic, recovering from surgery, or had a health issue that made them appear impaired. Once we investigated and presented the full picture, the State backed down. That’s because the truth is powerful when it’s presented properly.

We defend clients across Chicago, Cook County, and neighboring areas including DuPage, Will, and Lake Counties. Whether your case is pending in the Daley Center or another courthouse in the area, we know the system—and how to use it to your advantage.

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.