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.
This blog breaks down what happens after a non-driving DUI arrest in Chicago and what steps you should take to protect yourself.
The Arrest: How It Happens and What Police Look For
Police may initiate a stop based on a citizen report or their own observation. If you’re found in the car and appear intoxicated, they’ll begin a DUI evaluation. Factors include your behavior, smell of alcohol, location of keys, and whether the car was running. Even if the engine is off, officers will write reports indicating you were in a position to drive and therefore posed a risk.
After the field sobriety tests and questioning, if the officer believes there’s probable cause, you’ll be arrested. Your car will likely be towed. You’ll be taken to the station, booked, and either released with a future court date or held for a bond hearing at 26th and California.
First Court Date and Bond Hearing
At your first court appearance, the judge may impose bond conditions such as random drug testing or restrictions on driving. This hearing sets the tone for your defense. Having an attorney present from day one can help preserve defenses, challenge probable cause, and start collecting favorable evidence like surveillance footage or witness statements.
Statutory Summary Suspension of Your Driver’s License
Illinois law imposes a statutory summary suspension of your driver’s license if you either fail or refuse chemical testing. This is separate from the criminal case and takes effect on the 46th day after your arrest. You can contest this suspension, but you only have a limited window to do so.
That’s why it’s essential to speak to a DUI defense attorney immediately. We can file a petition to rescind the suspension and demand a hearing to challenge the basis of the stop and arrest.
Learn more about defending license suspensions here: www.chicagocriminallawyer.pro/drivers-license-suspension.html
Building Your Defense: How We Fight Non-Driving DUIs
Our strategy starts by evaluating whether the arresting officer had legal grounds to initiate contact. We analyze body cam footage, breathalyzer calibration logs, and all police narratives for inconsistencies. Our goal is to suppress evidence when possible, and where suppression isn’t feasible, we challenge the credibility of the state’s case.
In non-driving DUI cases, much of the case hinges on the interpretation of your actions. Were you using the car as a safe space to avoid driving? Was the engine off? Were the keys out of reach? We use these facts to argue that you were not in control and had no intent to operate the vehicle.
Example Case: Charges Dropped After Motion Hearing
In a recent case, a client was arrested while parked in his driveway. He was asleep in the passenger seat, keys in the center console. Police claimed he was about to drive. We argued otherwise. The motion to suppress was successful, and the prosecution dropped the case before trial.
That case highlights the value of a thorough defense and immediate legal representation.
Consequences of a Conviction
If convicted of a first-time DUI in Illinois, you face a Class A misdemeanor, which includes up to 12 months in jail, a $2,500 fine, and a mandatory license suspension. The court may also order treatment, monitoring, and community service.
If it’s a second or third offense, or if you have aggravating factors like a prior felony or suspended license, the charges can escalate to a felony. Felony DUI in Illinois can result in years in prison and a permanent criminal record that cannot be expunged.
Even if you avoid jail, the long-term damage can be significant. Employers, schools, and licensing agencies all have access to your record. That’s why these cases must be taken seriously from day one.
Why You Should Never Plead Guilty Without Legal Advice
Too many people assume that since they weren’t driving, the court will go easy on them. Unfortunately, Cook County prosecutors pursue non-driving DUI cases aggressively. Without a lawyer, you may miss out on possible defenses or negotiation options. You could end up with a conviction that stays on your record forever.
Having an attorney allows you to explore all your options—including dismissal, charge reduction, or court supervision. And if the case proceeds to trial, your attorney will challenge every element of the prosecution’s case.
Your Defense Starts Now: Contact Us Today
At The Law Offices of David L. Freidberg, we understand that non-driving DUI arrests are often based on assumptions, not facts. We don’t let prosecutors take shortcuts, and we’ll fight to make sure your rights are respected every step of the way.
We handle DUI cases across Chicago, Cook County, DuPage County, Will County, and Lake County. Whether you’re facing misdemeanor or felony charges, we provide aggressive defense and honest guidance.
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.