Articles Tagged with DUI in Chicago

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As an experienced criminal defense attorney in Illinois, I’ve encountered numerous situations where individuals were charged with driving under the influence (DUI) even though they weren’t actually driving. Illinois DUI laws are stringent and can sometimes be applied in circumstances that might surprise you. Understanding these laws and how they can impact you is crucial if you find yourself facing a DUI charge without having been behind the wheel. This comprehensive guide will explain the relevant statutes, potential penalties, common defenses, and the importance of having skilled legal representation.

Understanding the Statute and Relevant Laws

Illinois law on DUI is primarily governed by 625 ILCS 5/11-501. This statute makes it illegal for anyone to operate or be in actual physical control of a vehicle while under the influence of alcohol, drugs, or a combination thereof. The term “actual physical control” is crucial here, as it extends the scope of DUI charges beyond just driving.

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Driving under the influence (DUI) typically brings to mind the image of someone driving after consuming alcohol or illegal drugs. However, in Illinois, as in many other states, you can also be arrested and charged with a DUI for operating a vehicle under the influence of legally prescribed medications. Illinois law is clear—any substance that impairs your ability to drive safely can lead to a DUI charge, including prescription pain medications and certain over-the-counter drugs.

Under Illinois DUI Law 625 ILCS 5/11-501(a)(4), a person is guilty of a DUI if they are in control of a vehicle and are under the influence of alcoholic beverages, chemical substances, or controlled substances to the extent that their normal faculties are impaired. This includes a wide range of medications prescribed for pain, anxiety, or other medical conditions that can impair motor skills, reaction times, and cognitive functions.

Prescription and Over-the-Counter Medications That Could Lead to a DUI

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