Imagine the following scenario: you decide to have a few drinks at a local bar after work. However, you lose track of time and end up consuming a significant amount of alcohol and staying at the bar much longer than you intended. It is now nighttime, and you are too intoxicated to drive. In a situation like this, you may decide to avoid drunk driving by sleeping in your vehicle and driving home once you have sobered up. However, according to Illinois law, you may be charged with a DUI even if you were not actually driving.

Illinois DUI Law

Section 11-501 of the Illinois Vehicle Code states that it is a criminal offense for a person to drive or be in “actual physical control” of a vehicle when:

When you are pulled over under the suspicion of driving while intoxicated (DUI),you may be asked to perform a field sobriety test. You have seen these in television and movies—they are the roadside exercises that show whether an individual is impaired by alcohol or another drug, such as standing on one leg or walking in a straight line and turning.

If you are asked to perform this type of test, politely decline. Although you might think that performing the test will prove that you are not impaired, the truth is that the test is far more likely to hurt your case than help it.

After you are arrested, contact an experienced DUI defense lawyer as soon as possible to develop your legal defense strategy.