How We Defend DUI Cases in Illinois When There’s No Traffic Violation

Many people assume that a DUI arrest in Illinois always follows some sort of traffic violation—speeding, weaving, or blowing through a red light. But that’s not always the case. In fact, many of our clients come to us in total disbelief that they were arrested for DUI even though they weren’t pulled over for any illegal driving behavior. At The Law Offices of David L. Freidberg, we have seen firsthand how DUI arrests can be triggered by factors completely unrelated to actual driving violations. And we know exactly how to fight these cases.

Chicago police and law enforcement agencies throughout Cook County, DuPage County, Lake County, and Will County are known to aggressively enforce DUI laws, sometimes stepping over legal boundaries. In Illinois, under 625 ILCS 5/11-501, you can be charged with DUI if you’re in actual physical control of a vehicle while under the influence of alcohol or drugs. But physical control doesn’t require driving or even moving the vehicle. If you’re sitting in the driver’s seat with the keys nearby and appear impaired, you could be arrested and prosecuted, even if you never broke a traffic law.

Understanding the Criminal Case Process and Arrest Without a Violation

Criminal cases in Illinois often begin when an officer initiates a stop. But when there’s no observed violation, how does that happen? In many of the cases we handle, police come into contact with our clients through community interactions, tips, or suspicion based on parked behavior. Maybe the person was sleeping in their car in a parking lot. Maybe the car was idling in a residential area. Once contact is made, the officer starts looking for signs of impairment: red eyes, the smell of alcohol, slurred speech. Field sobriety tests are administered. Sometimes a portable breath test is offered.

The moment an officer claims to observe signs of impairment, the DUI case is set in motion. If you’re arrested, you may be booked, released on bond, and later face a court date. Illinois law mandates an automatic Statutory Summary Suspension of your license if you fail or refuse a chemical test under 625 ILCS 5/11-501.1. That means even before a conviction, you could lose your license.

The Penalties of a DUI Conviction in Illinois

For a first DUI offense, you face a Class A misdemeanor with penalties including up to one year in jail, up to $2,500 in fines, and a license suspension. If your BAC was .16 or higher, or if a child under 16 was in the vehicle, enhanced penalties apply. Repeat offenses increase the likelihood of a felony charge, known as an aggravated DUI, which carries harsher sentences under 625 ILCS 5/11-501(d).

A conviction also stays on your record permanently, which can affect your ability to work, travel, or maintain a professional license. That’s why every part of your case deserves a strong legal defense, especially when there was no reason for the stop.

How Police Justify Arrests Without Traffic Violations

In these cases, police often justify their actions through alternative means. They might say your car was stopped in a location that drew suspicion. Maybe they received a call from a concerned citizen. Or maybe they claim your behavior during a roadside safety checkpoint was unusual.

These justifications are often thin, and we frequently attack them in court. Any stop or seizure must comply with the Fourth Amendment. If the officer lacked reasonable suspicion or probable cause to detain or question you, your case may be subject to dismissal. We file motions to quash the arrest and suppress evidence whenever the circumstances support it.

An Example Case We Fought—and Won

One of our clients was sitting in his parked car near a public park. The engine was running because it was cold outside. A police officer approached, knocked on the window, and claimed he smelled alcohol. Our client cooperated but was ultimately arrested and charged with DUI. No driving had occurred, and there was no complaint or erratic behavior.

We challenged the constitutionality of the stop and filed a motion to suppress. The court agreed that the officer had no reasonable basis to make contact or initiate a DUI investigation. The case was dismissed in its entirety. This is not an uncommon result when there’s no evidence of actual driving misconduct.

Why You Need a Defense Attorney—And What We Do

Too many people assume that if they cooperated with the officer or if their BAC was close to .08, there’s no point in fighting the charge. That couldn’t be further from the truth. As criminal defense attorneys in Chicago, we examine everything: the justification for the stop, how the field sobriety tests were conducted, the calibration of the breathalyzer, and whether the officer followed required procedures.

In some cases, we find that the officer didn’t provide the necessary warnings for chemical tests. Or that medical conditions interfered with test results. Or that the arrest report includes contradictory information. These are all areas where we can build a defense that leads to reduction or dismissal.

Legal Defenses That Work in These Cases

When no traffic violation occurs, we focus our defense on the weakness of the stop itself. Was the encounter consensual or was the driver detained? Did the officer have a reason to suspect illegal conduct? If not, all evidence obtained afterward—including breath test results—may be suppressed.

We also investigate whether the client had actual physical control of the vehicle. For example, if the driver was sleeping in the backseat and the keys were in the trunk, prosecutors will have a hard time proving control.

Sometimes the field sobriety tests were administered improperly or under conditions that made success impossible—like on uneven ground or during bad weather. These tests are subjective and often unreliable.

Choosing the Right DUI Defense Lawyer in Chicago

Experience matters. You need a lawyer who understands not just DUI law, but the police procedures that can be challenged in court. At The Law Offices of David L. Freidberg, we have decades of experience handling DUI cases in Cook, DuPage, Lake, and Will Counties. We know the judges, the prosecutors, and the tactics that work.

Ask us about our trial history. Ask how often we challenge DUI stops without traffic violations. Ask about our strategy for fighting license suspensions. We welcome your questions and are ready to give you straight answers.

Call Us Today If You’ve Been Charged with DUI in Illinois

If you were arrested for DUI without a traffic violation, don’t assume the case is open and shut. You need a skilled advocate who knows how to challenge the stop, suppress the evidence, and fight for your rights.

The Law Offices of David L. Freidberg offers free consultations 24/7. Call us at (312) 560-7100 or toll free at (800) 803-1442. We defend clients throughout Chicago and across Cook County, DuPage County, Will County, and Lake County. Your defense starts with a phone call.