Articles Posted in DUI

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You made the responsible choice. You drank, realized you shouldn’t drive, and decided to sleep it off in your car. But instead of being praised for your caution, you found yourself in handcuffs, arrested for DUI. It doesn’t make sense—until you realize that in Illinois, the law doesn’t require you to be driving to be charged.

As a criminal defense lawyer representing clients across Chicago and Cook County, I’ve seen countless people shocked to learn that just sitting or sleeping in their vehicle while intoxicated can lead to a criminal charge. It feels like a trap—and in some ways, it is. The law is broad, and the police often stretch it even further.

Understanding how DUI charges work when you’re not driving is essential if you’ve been arrested in this situation—or want to avoid becoming one of the many people caught by surprise.

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Here’s What You’re Really Facing

Imagine this: you’re pulled over late at night in Chicago, an officer asks if you’ve had anything to drink, and then wants you to step out of the car for field sobriety testing. You decline. Next, they ask you to blow into a breathalyzer. You decline again. Minutes later, you’re placed under arrest. If you’ve been in this situation, you know the fear and confusion that follows. What you may not know is that you can still be charged—and convicted—of DUI in Illinois even if you refused everything.

Illinois law gives prosecutors broad discretion to pursue DUI charges based on an officer’s observations alone. Refusing all tests doesn’t end the investigation—it just changes the evidence the State will rely on. In fact, many DUI cases that result in convictions involve no test results at all. And unless you take legal action quickly, the consequences can hit hard.

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Here’s What You Need to Know

It may come as a shock, but yes—you can be arrested for DUI in Illinois even if you were on private property. Whether you were parked in your own driveway, stopped on a private lane, or inside a gated apartment complex, Illinois law allows for DUI arrests in locations that are not open to the general public. This surprises a lot of people, especially drivers in Chicago who assume DUI laws only apply on city streets or highways.

But the truth is that DUI law in Illinois casts a wide net. And if you were arrested for DUI while on private property, the law doesn’t automatically give you an escape route. Instead, the case depends on the details: your behavior, the location, your control of the vehicle, and the evidence collected.

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Most people assume that if they’re too intoxicated to drive, the responsible thing to do is stay put and sleep it off in the car. It seems like common sense and a safer alternative to getting behind the wheel. But in Illinois—and particularly in Waukegan—this decision can still lead to criminal charges. Many drivers are shocked to learn that sleeping in a parked car while intoxicated can result in a full DUI arrest and prosecution, even when the engine is off and the vehicle never moved.

If you’ve been charged with DUI after being found asleep in your vehicle, it’s important to understand that you still have rights and legal options. These cases are defensible, but only if you act quickly and retain an attorney who knows how to challenge the assumptions behind the arrest.

How Illinois Interprets DUI Beyond Driving

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Most people believe that a breathalyzer test is a reliable and accurate way for police to determine if a driver is intoxicated. What they don’t realize is that these devices can be fooled by completely legal, everyday products—like mouthwash or breath fresheners. In fact, a surprising number of DUI arrests in Illinois begin with a false positive triggered not by alcohol consumption, but by the alcohol content in personal hygiene products. If this happened to you in Chicago or anywhere in Illinois, the consequences are real—but so is your opportunity to fight back.

As a DUI defense lawyer with decades of courtroom experience, I’ve seen firsthand how faulty BAC readings can lead to wrongful arrests. I’ve also seen how the right legal approach can turn things around. Here’s what you need to know about how mouthwash can affect breath test results—and what to do if you’ve been charged with DUI because of it.

How Alcohol-Based Mouthwash Causes False BAC Readings

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For Illinois residents who rely on medical cannabis, the law provides safe, legal access to relief. But despite having a valid medical marijuana card, patients are still being arrested and charged with DUI every day—simply for driving after using their legally prescribed medication. This harsh reality has left many wondering: Can you really be charged with DUI in Illinois for driving on medical marijuana?

The answer is yes. While the law allows for medical marijuana use, it does not allow you to drive if law enforcement believes you’re impaired—even slightly. And because marijuana affects individuals differently, officers often rely on subjective signs of impairment rather than objective proof.

If you’re facing marijuana-related DUI charges, it’s critical to understand your rights, the legal process, and the value of having a skilled defense attorney on your side. Being a registered patient does not automatically protect you from prosecution, but it does open the door to potential legal defenses that could save your license, your record, and your freedom.

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If you’re a commercial driver in Illinois, your CDL isn’t just a license—it’s your livelihood. It’s how you support your family, pay your bills, and build your future. That’s why one of the most devastating surprises for many CDL holders in Chicago is discovering that a DUI arrest in their personal vehicle—on personal time—can still result in a CDL disqualification.

It doesn’t matter if you weren’t on the clock, weren’t in a company vehicle, or were driving to the store. The law in Illinois—and the federal regulations it follows—makes no distinction when it comes to protecting the public from commercial drivers with alcohol-related offenses. Once a DUI is on your record, the consequences hit your CDL hard, and fast.

But there is some good news: with quick legal intervention and the right defense strategy, a DUI arrest doesn’t have to ruin your career. The outcome depends on what you do next.

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If you’ve gone through the trauma of being arrested for DUI in Illinois—especially in a city like Chicago—you already know how quickly your life can change. A single traffic stop can lead to public embarrassment, missed work, and months of courtroom appearances. But if your case ended with a not guilty verdict or a dismissal, you probably felt a surge of relief. You beat the charge. You were cleared. So why does it still show up on your background check?

That’s where the Illinois expungement process comes in. Being found not guilty or having your DUI case dismissed doesn’t automatically clear your record. You have to petition the court to expunge it. If you don’t, the arrest and court history can remain visible to employers, landlords, and professional boards. The good news is that if your case was resolved in your favor, you may have the right to expunge it—and with the help of a criminal defense attorney, you can make that happen.

What It Means to Be “Found Not Guilty” in a DUI Case

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A DUI arrest in Illinois can leave you overwhelmed, uncertain, and searching for answers. If you had a dashcam running during the stop, you’re probably wondering whether that footage can help your case—or if it even matters. The good news is, dashcams are not only legal in Illinois, but they’re becoming an increasingly effective tool in challenging DUI charges, especially when police reports don’t tell the whole story.

If you’re facing DUI charges in Chicago or the surrounding counties, and you have dashcam footage—or wish you did—it’s time to understand how that evidence fits into your defense. As DUI prosecutions in Cook County continue to rely heavily on officer reports and subjective field observations, video evidence can be the most compelling piece of your case.

Dashcams Are Legal in Illinois—And They’re Often Admissible in Court

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If you’ve been pulled over for DUI in Illinois—especially in a city like Chicago where traffic stops are common—your vehicle’s dashcam may be one of your strongest allies. While dashcams are often marketed as tools for proving fault in accidents, they also serve another crucial purpose: defending against criminal charges, including driving under the influence. But how effective are they in court? Are they even legal to use during police encounters?

The short answer is yes. Dashcam footage is not only legal in most DUI cases in Illinois—it’s often admissible and can challenge the prosecution’s version of events. The long answer, however, depends on how the footage was obtained, how it’s introduced in court, and whether it directly contradicts what law enforcement says happened. This is why it’s essential to work with a defense attorney who understands the law, the courtroom, and how to turn video footage into powerful legal evidence.

Are Dashcams Legal in Illinois DUI Stops?

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