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Police officers in Chicago and throughout Illinois are trained to identify certain behaviors and driving patterns that, in their view, may suggest that a driver is under the influence of alcohol or drugs. These signs—however minor or subjective—can form the basis for a traffic stop under Illinois law. Once that stop occurs, it can escalate quickly into an arrest, formal criminal charges, and life-altering consequences.

At The Law Offices of David L. Freidberg, our DUI defense lawyer in Chicago understands how DUI arrests unfold in the real world and how law enforcement builds its case. What’s often overlooked by many drivers is that the entire criminal prosecution rests on whether the original stop was legally justified. That means if the officer didn’t have lawful grounds to pull you over, then any evidence obtained afterward may be inadmissible in court.

This article will explain what officers in Chicago typically claim to observe to justify a DUI stop, how those observations are challenged in court, and why having an experienced criminal defense lawyer is critical from the moment your case begins.

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You Don’t Have to Be Driving to Be Arrested for DUI in Illinois—Here’s What Every Driver Needs to Know

Imagine this: You’ve had too much to drink, so instead of risking it on the road, you decide to do the responsible thing. You walk to your car, climb into the driver’s seat, and take a nap. You think you’re playing it safe—avoiding the dangers of drinking and driving. But next thing you know, you’re being shaken awake by a police officer, questioned about alcohol, and arrested for DUI.

This happens more often than most people realize, especially in and around Chicago. And the law that allows it to happen is based on the concept of “actual physical control,” a phrase that doesn’t require movement, driving, or even intent. Under Illinois law, you can be parked legally, engine off, and still face full DUI charges.

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You Can Be Arrested for DUI Even If You Never Drove

DUI charges in Chicago are not limited to those who are caught operating a moving vehicle. In Illinois, just sitting in the driver’s seat while intoxicated can result in a DUI arrest if law enforcement believes you were in “actual physical control” of your car. This concept is embedded in 625 ILCS 5/11-501 and has led to thousands of arrests across Cook County and beyond.

These arrests often happen in residential neighborhoods, downtown parking lots, and on the side of the road. Maybe you were trying to do the right thing by sleeping it off in your car. But police often assume you were about to drive or had recently driven, and that assumption can land you in court facing jail time, license suspension, and a criminal record.

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How Our Criminal Defense Team Wins in Court

Facing a DUI charge in Illinois, especially in Chicago, is not a minor inconvenience. It’s a serious legal matter with the potential to disrupt your life, cost you your driver’s license, damage your employment prospects, and even land you in jail. At The Law Offices of David L. Freidberg, we take DUI defense seriously, preparing every case for trial from the very beginning. Whether you were stopped on the Kennedy Expressway or pulled over on Lake Shore Drive, our job is to protect your rights and fight back against the State’s case.

Illinois law under 625 ILCS 5/11-501 criminalizes the operation of a motor vehicle while impaired by alcohol, drugs, or intoxicating compounds. While first-time offenses may be charged as misdemeanors, certain conditions—like driving on a suspended license, causing bodily harm, or having prior convictions—can enhance the charges to a felony. Even a misdemeanor DUI carries penalties up to one year in jail, fines of $2,500, and mandatory substance abuse education.

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Getting pulled over in Chicago can be a nerve-wracking experience, especially if the officer suspects you’ve been drinking. You may think you’re just answering a few questions or going through routine checks, but from the moment the lights flash behind you, law enforcement is already building a case. Their goal is to collect as much evidence as possible to justify a DUI arrest. But what many people don’t realize is that DUI evidence—especially in Illinois—is often flawed, incomplete, or misinterpreted.

At The Law Offices of David L. Freidberg, we defend people in Chicago and the surrounding counties who’ve been charged with DUI based on questionable police tactics and unreliable evidence. Here’s what law enforcement looks for—and how we challenge it.

Why Every Detail Matters in a DUI Arrest

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t happens more often than you might think in Chicago: someone leaves a bar late at night, realizes they’re too impaired to drive, and chooses to sit in their car to stay warm or wait for a ride. Moments later, police approach, ask questions, and make an arrest for DUI. Under Illinois law, you don’t need to be driving to be charged with driving under the influence. Merely being in the driver’s seat while under the influence can be enough to face a Class A misdemeanor under 625 ILCS 5/11-501. The statute allows for prosecution based on “actual physical control” of a vehicle, even if the car never moves.

This interpretation of the law means you could be criminally charged for trying to make a safer decision. It’s a concept that confuses many people, especially when their car was parked legally and never driven. The State doesn’t need a video of you driving—it needs to prove you had the ability and opportunity to do so. The location of the keys, your position inside the vehicle, and whether the engine was running all become part of the State’s argument.

Legal Proceedings and Police Evidence in Non-Driving DUI Arrests

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Know Your Rights Before It’s Too Late

Being stopped by police in Chicago is a stressful situation, and when officers start asking to look through your car or your bag, that stress can quickly turn into panic. Many people consent to searches out of fear or confusion—believing they have no choice. Others are searched without any warning at all. The reality is that not all police searches are legal, and if your rights were violated, your criminal case could be thrown out.

At The Law Offices of David L. Freidberg, we’ve defended clients in hundreds of cases involving car and bag searches throughout Chicago and the surrounding counties. Our experience shows that unlawful searches often happen during what starts as a routine traffic stop or casual street detention. What you do—and what your lawyer does—can change everything about how your case unfolds.

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What Sitting in the Driver’s Seat Could Mean for Your Future

Most people assume that Driving Under the Influence (DUI) charges in Illinois only apply if you were caught in the act—swerving through traffic, speeding, or failing a stoplight. But under Illinois law, you can be charged and convicted of DUI even if your car never moved. Simply being behind the wheel of a parked vehicle while under the influence can trigger a criminal case if police believe you were in “actual physical control” of the car.

If that sounds like an overreach, you’re not alone. I’ve represented many clients in Chicago and throughout Cook County who were shocked to be arrested while they were trying to sleep off a night of drinking in their own vehicle. These cases often rest on vague interpretations and assumptions by officers, which is exactly why having an experienced criminal defense attorney is essential.

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The Hidden Consequences of a BUI Arrest and How to Protect Your Freedom

Chicago is known for its skyline, deep-dish pizza, and unbeatable summer weekends along the lakefront. But if you were boating and a crash happened—especially if someone was hurt—and police later arrested you for operating under the influence, your life may have just taken a hard turn. Even if you had just one drink, the criminal charge of Boating Under the Influence (BUI) in Illinois carries serious consequences that go far beyond a typical citation or ticket.

Unlike a civil boating violation, a BUI is a criminal offense. If the accident resulted in property damage or injury, you could be facing jail time, license restrictions, and a lifelong criminal record. Worse yet, many of the defenses that might apply to DUIs in cars don’t easily translate to the unpredictable conditions of a moving boat on the water.

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Being arrested for DUI in Chicago or anywhere in Cook County can change your life overnight. The flashing lights, the field sobriety tests, the handcuffs—it all happens fast. But the outcome of your case doesn’t have to be as final as the arrest might make it seem. With the right defense strategy, many DUI charges are eligible for reduction or dismissal.

Courts in Cook County don’t treat every DUI the same. Prosecutors look closely at the facts, and judges evaluate whether the law was properly followed. If there are problems with the stop, the arrest, or the chemical tests, your case may be on shaky legal ground. And if it’s your first offense, the law allows for sentencing alternatives that protect your record and license.

Understanding Misdemeanor vs. Felony DUI Charges

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Contact Information
Chicago Office
70 W Madison St
#1450
Chicago, IL 60602
Phone: (312) 560-7100
DuPage Office
140 Butterfield Rd
#1500
Oakbrook Terrace, IL 60181
Skokie Office
5250 Old Orchard Rd
#300
Skokie, IL 60077

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