Chicago Criminal Lawyer Blog

June 20, 2025

Have You Been Arrested for DUI While Just Sitting in Your Car in Chicago?

by Law Offices of David L. Freidberg, P.C.

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

June 19, 2025

When Can Police Search Your Car or Bag While Detained in Illinois?

by Law Offices of David L. Freidberg, P.C.

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.

June 18, 2025

Can You Get a DUI in Illinois Without Driving?

by Law Offices of David L. Freidberg, P.C.

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.

June 17, 2025

Defending Against Boating Under the Influence Charges in Illinois After a Serious Water Accident

by Law Offices of David L. Freidberg, P.C.

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.

June 16, 2025

Fighting a DUI Charge in Cook County: Is Reduction Possible?

by Law Offices of David L. Freidberg, P.C.

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

June 15, 2025

False DUI Charges From Medical Conditions: What Illinois Drivers Must Know

by Law Offices of David L. Freidberg, P.C.

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.

June 14, 2025

DUI Charges Without Driving in Illinois?

by Law Offices of David L. Freidberg, P.C.

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.

June 13, 2025

How a DUI Follows You for Life in Illinois—And What You Can Do About It

by Law Offices of David L. Freidberg, P.C.

Understanding the Real-World Impact of a DUI Conviction in Chicago

In Chicago and across Illinois, a DUI conviction can quietly affect nearly every aspect of your life long after you serve your sentence. From job opportunities to housing applications and even professional licensing, the shadow of a past DUI doesn’t easily fade. Unlike many criminal offenses that may be eligible for expungement or sealing after a certain period, a DUI sticks. That permanence leads many people to ask: Is there anything I can do to remove it from my record?

Unfortunately, the answer is almost always no if you were convicted. Illinois law is extremely strict about DUI-related offenses. Whether you were arrested in Cook County, DuPage, Will, or Lake County, a conviction for driving under the influence under 625 ILCS 5/11-501 is not eligible for sealing or expungement. However, not all hope is lost. The key is understanding when records might be cleared and taking early, aggressive steps to avoid a conviction in the first place.

June 12, 2025

Can I Be Arrested for DUI in Illinois If I Did Not Fail Any Tests?

by Law Offices of David L. Freidberg, P.C.

It’s a scenario that catches many Chicago drivers off guard. You get pulled over, maybe for a minor infraction or no clear reason at all. You’re cooperative. You either pass or decline to take field sobriety tests. You’re not stumbling, you’re not slurring your speech, and you haven’t admitted to drinking. And still—you’re arrested for DUI.

How is that even possible in Illinois? The short answer: officer discretion. The longer answer involves Illinois DUI laws, the subjective nature of police observations, and the serious legal consequences that follow. At The Law Offices of David L. Freidberg, we represent clients throughout Chicago and the surrounding counties who find themselves in this frustrating position. Just because you didn’t fail a test doesn’t mean your case isn’t serious—and it absolutely does not mean you should try to handle it on your own.

Understanding Illinois DUI Law and Arrest Authority

June 11, 2025

Why You Shouldn’t Accept DUI Allegations at Face Value in Illinois

by Law Offices of David L. Freidberg, P.C.

Red Eyes, Slurred Speech, and the Smell of Alcohol: Why You Shouldn’t Accept DUI Allegations at Face Value in Illinois

In Chicago and across Illinois, DUI charges often rely heavily on the arresting officer’s description of your behavior. Police reports may include allegations like “red eyes,” “unsteady gait,” or “slurred speech.” But those claims don’t automatically prove guilt. These observations are subjective, and they can be influenced by stress, allergies, medical conditions, or even poor lighting. If you’ve been charged with DUI in Illinois, and the case against you depends largely on what the officer saw, smelled, or heard, you have the right to fight back. And that starts with having the right defense attorney.

At The Law Offices of David L. Freidberg, we defend clients facing DUI charges throughout Chicago and the surrounding counties. We know how to cross-examine officers and undermine unreliable observations that may otherwise persuade a jury. We look beyond the arrest report and force the prosecution to provide actual, admissible proof.