Chicago Criminal Lawyer Blog
A traffic stop can go from routine to life-changing in a matter of minutes—especially if you live with diabetes or another condition that causes low blood sugar. Every day in Chicago and throughout Illinois, drivers are misjudged by police officers who mistake symptoms of hypoglycemia or diabetic ketoacidosis (DKA) for intoxication. For those individuals, the experience is not just frightening—it can result in wrongful arrest, license suspension, and criminal charges.
If you’re facing DUI charges after experiencing a diabetic episode, the most important thing you can do is consult a lawyer who understands how medical conditions intersect with Illinois DUI law. At The Law Offices of David L. Freidberg, we’ve represented clients across Cook County who were charged based on faulty assumptions, not facts. We know how to dismantle these cases—and protect your freedom, your license, and your future.
The Medical Reality: Hypoglycemia and DUI Symptoms Look Alarmingly Similar
When blood sugar levels drop too low, a person can experience a range of physical and neurological symptoms. Common effects of hypoglycemia include slurred speech, confusion, fatigue, disorientation, poor balance, delayed response times, and even seizures. These symptoms are virtually identical to those used by police to justify DUI arrests.
In more advanced cases of DKA, diabetics may produce a fruity odor on their breath due to excess ketones. This odor is frequently mistaken for alcohol—particularly by officers conducting late-night traffic stops. If you are unable to explain your condition clearly or if you lose consciousness, the officer may assume you are impaired by drugs or alcohol and proceed with a DUI arrest.
This medical overlap is not speculative—it is well-documented in emergency medicine and toxicology. But most police officers are not trained to recognize the difference. That’s how wrongful DUI charges against diabetics continue to happen.
What Illinois Law Says About Impairment and DUI
Under 625 ILCS 5/11-501, you can be charged with DUI if you are:
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Under the influence of alcohol
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Under the influence of any drug or combination of substances
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Under the influence of a compound that renders you incapable of driving safely
Importantly, the law does not require a specific blood alcohol content (BAC) to file charges. Prosecutors often proceed under 11-501(a)(2) or 11-501(a)(4) based on the officer’s observations alone. That means if the officer believed you were impaired—even if you were not drinking or using drugs—they can arrest and charge you.
For diabetics, this is incredibly dangerous. Your body’s natural reaction to low blood sugar can meet the criteria officers are trained to look for: unsteady movement, strange behavior, slow speech, poor coordination, or unresponsiveness.
What Happens After a Wrongful DUI Arrest in Illinois?
After the arrest, you will typically be charged with a Class A misdemeanor, which carries a maximum penalty of up to one year in jail and fines up to $2,500. First-time offenders may be eligible for court supervision, but that still requires a plea, and the arrest can appear on your record.
If you refuse to submit to chemical testing—either because you’re confused, unconscious, or fear an inaccurate result—you will face a statutory summary suspension under 625 ILCS 5/11-501.1. For a first offense, that suspension lasts one year. You may be eligible for a Monitoring Device Driving Permit (MDDP), but you’ll still be required to install a Breath Alcohol Ignition Interlock Device (BAIID) in your vehicle.
Even if you were completely sober, your refusal and the officer’s observations can serve as the basis for prosecution. That’s why early legal representation is so critical.
Building a Defense Based on Medical Evidence
The most effective defenses in these cases focus on your medical history and real-time health condition. A DUI attorney with experience in medically misidentified cases will request hospital records, lab results, blood sugar logs, and prescriptions that support your explanation.
We may also seek testimony from your endocrinologist, primary care doctor, or a certified medical expert who can explain how your condition affects your behavior. This helps create a clear picture of what was really happening during the traffic stop—and why the officer’s interpretation was medically flawed.
In some cases, video footage from the arrest may actually support your version of events. If you were coherent before the episode or requested medical attention during the stop, this footage may cast serious doubt on the officer’s report.
Challenging Field Sobriety and Chemical Tests
If field sobriety tests were used to justify your arrest, we may challenge their validity. These tests are not designed to account for neurological or metabolic conditions. Diabetics can fail them even while completely sober.
If a breathalyzer test showed alcohol when you had not consumed any, we may challenge whether acetone on your breath caused a false positive. This is especially relevant in cases involving DKA, where the body produces ketones that can mimic ethanol on certain portable breath test devices.
In every case, your lawyer should push for disclosure of all testing methods, calibration logs, officer training records, and medical accommodations (or the lack thereof) made during your detention.
Don’t Assume Prosecutors Will “Figure It Out”
Many people believe that if they explain the situation to the prosecutor, the case will be dropped. But the State’s Attorney’s office in Cook County processes hundreds of DUI cases every week. They are not likely to go out of their way to dig through medical records or interview your doctor.
Without legal representation, your case will be handled like every other DUI—regardless of your condition. You may be pressured to plead guilty, accept supervision, or accept a conviction that will permanently impact your record, insurance, and driving privileges.
With the right attorney, your defense can be proactively presented with medical support. This often changes how the prosecution views the case—and can lead to dismissal or favorable resolution.
Your Rights Under the U.S. Constitution and Illinois Law
You have the right to refuse field sobriety tests in Illinois. You also have the right to remain silent, to refuse unlawful searches, and to request an attorney. But in the moment, especially during a medical episode, you may not be able to assert these rights.
That doesn’t mean your rights disappear. If you were arrested without probable cause or denied access to medical care during the stop, your attorney may be able to suppress evidence or have the case dismissed based on constitutional violations.
Avoid the Pitfalls of Self-Representation
Trying to handle a DUI case on your own—especially one involving a serious medical condition—is a costly mistake. You may miss filing deadlines, fail to preserve your license rights, or inadvertently say something that harms your defense.
When your health is at issue, you need someone who can explain complex medical science in a legal framework. That’s exactly what we do at The Law Offices of David L. Freidberg. We combine courtroom advocacy with medical insight to deliver results.
Why The Law Offices of David L. Freidberg Is the Right Choice
We’ve defended diabetic clients in DUI cases across Chicago, Cook County, and the collar counties for decades. We understand how hypoglycemia and ketoacidosis are frequently misinterpreted. We know how to subpoena medical records, work with your doctor, and discredit unreliable officer observations.
Whether you’re a first-time offender or someone who has been through the system before, we will give your case the attention it deserves. You should not suffer criminal penalties for a condition that requires care—not conviction.
Call Now – The Law Offices of David L. Freidberg Is Ready to Help
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.
