Most people are surprised to learn that you don’t need to be caught speeding, swerving, or violating any traffic rule to be arrested for DUI in Illinois. We’ve represented many clients in Chicago and surrounding counties who were approached while parked, sitting in their car outside a business, or stopped for a non-moving issue—only to find themselves facing DUI charges. At The Law Offices of David L. Freidberg, we understand exactly how these cases unfold and how to challenge them from the start.
Illinois law under 625 ILCS 5/11-501 allows a person to be charged with DUI even without any indication of unlawful driving. The state simply needs to show that you were in actual physical control of the vehicle while impaired by alcohol or drugs. But that doesn’t give police a free pass to approach and arrest anyone they choose. The law requires that they have reasonable suspicion and probable cause at every stage. And that’s often where we find a defense.
How These Arrests Happen Without a Traffic Violation
Chicago police officers are trained to look for any potential sign of impairment—even in parked vehicles. Maybe your car is idling outside a club. Maybe someone saw you sitting behind the wheel and called it in. Or maybe you were simply waiting in a parking lot. If an officer approaches and begins questioning you, that encounter must still be justified under the Fourth Amendment. If the officer didn’t have a valid reason for the interaction, your constitutional rights may have been violated.
Once contact is made, things escalate quickly. The officer will look for physical signs of impairment: red eyes, odor of alcohol, unsteady movements, or slow speech. They may ask you to step out and perform field sobriety tests. If you comply and the officer believes you failed those tests, you may be placed under arrest and offered a breath test.
Even though you weren’t driving, prosecutors will argue that you were in control of the vehicle. If your BAC is .08 or more, you’re presumed impaired. But that doesn’t mean you’re automatically guilty. These cases are highly defensible.
Penalties You Could Face if Convicted
If convicted, a first-time DUI is a Class A misdemeanor. That means you face up to one year in jail, fines up to $2,500, and a suspension of your driver’s license. You may also be required to attend alcohol education classes, install a BAIID device in your car, and complete community service. A conviction stays on your record and can impact your job, your insurance rates, and even your immigration status.
Repeat DUI offenses, or cases involving aggravating circumstances (like a minor passenger or a crash with injuries), can result in felony charges under 625 ILCS 5/11-501(d), known as aggravated DUI. Felonies carry harsher penalties and lifelong consequences.
How We Fight DUI Charges Without a Traffic Violation
The first thing we examine is the basis for the officer’s initial contact. Was it a consensual encounter, or were you detained? Did the officer have a legally valid reason to approach you and begin asking questions? If not, we may be able to suppress all evidence that followed.
We also look closely at the physical control element. Were the keys in the ignition? Were you sleeping in the driver’s seat or in the back? Was the car running? If the prosecution can’t prove that you were in a position to operate the vehicle, the charge may not hold.
Then we examine the field sobriety tests. Were they administered correctly? Were you physically capable of performing them? Were environmental conditions a factor? These tests are highly subjective and often misinterpreted.
Finally, we scrutinize any breath or blood tests. Was the machine properly maintained? Was the officer trained and certified? Were you informed of your rights? Even a high BAC can be challenged if the procedure wasn’t followed precisely.
Real Case: DUI Charge Dismissed Due to Lack of Justification for Stop
One of our clients was arrested for DUI in Lake County after he pulled into a convenience store parking lot to wait for a friend. A police officer approached, claiming he looked suspicious. Our client was questioned, asked to step out, and subjected to sobriety tests. He submitted to a breath test that showed a .09 BAC.
We challenged the stop, arguing the officer had no reasonable suspicion. The court agreed that there was no justification for the initial detention. All evidence was suppressed, and the case was dismissed. Without a traffic violation or other legitimate basis for the stop, the entire case unraveled.
The Importance of a DUI Attorney in These Situations
You need a skilled criminal defense attorney who knows how to attack these specific issues. At The Law Offices of David L. Freidberg, we understand that these cases often come down to one key question: Did the officer have the right to make the stop?
We file motions, demand discovery, challenge license suspensions, and prepare for trial. We understand how to examine police body cam footage, field test performance, and breathalyzer procedures to uncover errors that weaken the prosecution’s case.
Common Legal Defenses We Use
Illegal seizure. Lack of probable cause. No actual physical control. Improper test procedures. Medical conditions. Unreliable observations. These are just a few of the angles we pursue. Each case is unique, and your defense must be tailored to the facts and evidence.
Qualities You Should Look for in Your Defense Lawyer
Your lawyer should have years of experience defending DUI cases in Illinois, particularly ones that didn’t involve traffic violations. They should know the local judges, prosecutors, and court procedures. They should be aggressive in challenging the legality of stops and arrests. They should communicate clearly and honestly about your chances and options.
When you meet with a lawyer, ask how often they handle DUI cases, what strategies they use for non-traffic violation arrests, and whether they’re prepared to take your case to trial. You want someone who fights—not someone who just pleads cases out.
Call The Law Offices of David L. Freidberg for Help Now
If you were charged with DUI in Chicago or the surrounding counties and you weren’t stopped for a traffic violation, don’t wait. These cases can and should be fought. Let us put our decades of criminal defense experience to work for you. We offer free consultations 24/7 at (312) 560-7100 or toll free at (800) 803-1442. We defend clients across Cook County, DuPage County, Lake County, and Will County. Don’t fight this alone.