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A Double-Edged Sword for Your Defense

If you’re facing DUI charges in Chicago, there’s a good chance the entire stop, field sobriety testing, and arrest were recorded by a police officer’s body-worn camera. While some people see body cam footage as damning, the truth is far more complicated. When reviewed carefully by an experienced DUI defense attorney, this video evidence can often work in your favor—exposing procedural errors, exaggerations, and constitutional violations.

At The Law Offices of David L. Freidberg, we’ve spent years scrutinizing body cam footage to protect clients charged with DUI offenses throughout Cook County and beyond. The outcome of your case may depend not just on what the officer claims, but what the camera actually shows.

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If you’ve been arrested for driving under the influence in Chicago or anywhere in Illinois, your biggest concern might be avoiding jail time or fines. But one of the most immediate and damaging consequences is the suspension of your driver’s license. What many people fail to understand is that the suspension doesn’t depend on a conviction. It happens automatically if you don’t take specific legal steps—and quickly.

Under Illinois law, a driver arrested for DUI is issued a Notice of Statutory Summary Suspension. This notice activates a process that will suspend your license unless you file a petition to fight it. That suspension is civil in nature and totally separate from the criminal DUI charges. Even if your DUI is later dismissed, the suspension stands unless you challenge it in time.

At The Law Offices of David L. Freidberg, we know how easily clients fall into this trap, especially if they try to handle things on their own. The law moves fast. If you don’t file for a hearing within the allowed timeframe, the Secretary of State will suspend your license, and you could lose your ability to drive for months or even years.

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Chicago DUI Arrests and the Importance of Proper Procedure

Chicago is no stranger to aggressive DUI enforcement. Officers from the Chicago Police Department and state agencies routinely patrol the roads looking for any sign of impaired driving. But despite their authority, officers are bound by strict legal procedures that govern how they can conduct traffic stops, administer sobriety tests, and make arrests. When they fail to follow these procedures, the integrity of the entire case may fall apart.

Under Illinois law, DUI is defined by 625 ILCS 5/11-501. This statute makes it a criminal offense to operate a motor vehicle while under the influence of alcohol, drugs, or any intoxicating compound that renders you incapable of safe driving. For most first and second offenses, the charge is a Class A misdemeanor. But if certain aggravating conditions are present—such as a prior felony conviction, a crash causing serious bodily injury, or the presence of a minor passenger—the charge can be enhanced to a felony. In some instances, a defendant may face a Class 2 or Class 4 felony, which carries the risk of prison time.

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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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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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