Articles Posted in DUI

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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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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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Every driver in Chicago is vulnerable to the same thing—being pulled over and judged within seconds by an officer who believes they are impaired. The problem is, not every sign of impairment is due to alcohol or drugs. For many drivers in Illinois, medical conditions such as diabetes, epilepsy, or neurological disorders can lead to symptoms that mimic intoxication. These misread signs can result in criminal charges for DUI when the person wasn’t under the influence at all.

Illinois law under 625 ILCS 5/11-501 defines driving under the influence as operating a motor vehicle while impaired by alcohol, drugs, or any intoxicating compound. A DUI can also be based on a chemical test showing a BAC of .08 or higher. But nowhere in that law does it state that a person can be legally charged because they had a medical event. Yet that’s exactly what happens when officers misinterpret a diabetic crash or seizure as a sign of drunkenness.

Officers often rely on visual cues and behavior when deciding whether to arrest someone for DUI. This includes bloodshot eyes, slurred speech, disorientation, and failure to follow instructions. However, a person in the middle of a hypoglycemic episode can display those symptoms too. If the officer sees what they expect to see, confirmation bias kicks in—and the next thing that happens is a roadside sobriety test and an arrest.

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What Illinois Law Says About Parked Cars and Driveways

In Illinois, you can be arrested and charged with DUI even if your car never leaves the parking lot or your driveway. This often surprises people, especially those who were trying to avoid driving under the influence by sleeping it off in their vehicle or waiting for a ride. But the law doesn’t just punish intoxicated driving—it punishes the risk of driving, and that’s where the legal idea of “actual physical control” becomes important.

Many DUI arrests occur in less expected places. A person might fall asleep in their vehicle outside their apartment in Cicero or pull over in a grocery store parking lot in Hyde Park. These non-roadway arrests are prosecuted under the same statute as DUIs that occur on public streets: 625 ILCS 5/11-501. That statute prohibits being in actual physical control of a vehicle while under the influence, whether or not the person is driving.

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