{"id":5088,"date":"2020-02-24T17:12:27","date_gmt":"2020-02-24T17:12:27","guid":{"rendered":"http:\/\/fkmalaw.com\/?p=5088"},"modified":"2020-02-24T17:12:27","modified_gmt":"2020-02-24T17:12:27","slug":"can-i-get-arrested-for-a-dui-even-if-im-not-driving","status":"publish","type":"post","link":"https:\/\/windycityclients.com\/franks\/can-i-get-arrested-for-a-dui-even-if-im-not-driving\/","title":{"rendered":"Can I Get Arrested For A DUI, Even If I\u2019m Not Driving?"},"content":{"rendered":"

Question:\u00a0 Do you know that you can get a DUI, even if you\u2019re not driving? \u00a0The answer is Yes!
\nLet\u2019s say you just came out of a bar at night, drunk.\u00a0 You enter your car, start the car, and turn on the radio and air-conditioner, with no intention of driving.\u00a0 If a cop has reasonable articulable suspicion to make contact with you, the cop could charge you with a DUI.\u00a0 Now you\u2019re asking \u201cwhy,\u201d wondering, \u201cwhere is the logic?\u201d
\nWell, according to Illinois law, being in control of the car while impaired is sufficient to be charged with a DUI.\u00a0 In that case, it constitutes \u201cActual Physical Control.\u201d\u00a0 Although this varies from state to state, if you were impaired and sleeping in your car, and a cop had reasonable articulable suspicion to make contact with you, the cop could wake you up, assess whether or not you had consumed alcohol or ingested drugs, and ask you to get out of the car to perform Standardized Field Sobriety Tests.\u00a0 Depending on the Officer\u2019s observations of you, and your performance on the Standardized Field Sobriety Tests, the cop could charge you with a DUI<\/a>.
\nA More Difficult Scenario<\/strong>
\nIf, perhaps, you were in the driver\u2019s seat, with the keys dangling in the ignition, or perhaps, the keys somewhat accessible, it would be hard to argue that you were not in actual physical control of the car.
\nGet Legal Representation<\/strong>
\nIf you were arrested<\/a> for DUI, even when you were not driving, you must seek an experienced DUI defense attorney.\u00a0 In court, the judge, or a jury, would decide what \u201cActual Physical Control\u201d means.\u00a0 Your DUI defense lawyer might be able to create reasonable doubt in the eyes of the judge or jury.\u00a0 A judge, or jury, may be reluctant to find someone guilty of a DUI, especially if they think that you had no intention to drive.\u00a0 You must ensure that you retain the best DUI or criminal defense lawyer for this type of case.\u00a0 If you\u2019re on this page because you are already on the web, and have already been arrested and charged with a DUI, based upon this fact pattern, then book an appointment with us now!
\nFor more information or to receive help in your case, contact Franks & Rechenberg, P.C.<\/a> today.<\/p>\n","protected":false},"excerpt":{"rendered":"

Question:\u00a0 Do you know that you can get a DUI, even if you\u2019re not driving? \u00a0The answer is Yes! Let\u2019s say you just came out of a bar at night, drunk.\u00a0 You enter your car, start the car, and turn on the radio and air-conditioner, with no intention of driving.\u00a0 If a cop has reasonable […]<\/p>\n","protected":false},"author":1,"featured_media":5089,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","wds_primary_category":0,"footnotes":""},"categories":[44,54,23],"tags":[43,53,49],"dipi_cpt_category":[],"class_list":["post-5088","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-dui","category-lake-in-the-hills-dui","category-lawyer-in-mchenry-county","tag-dui","tag-dui-attorney","tag-dui-lawyer"],"_links":{"self":[{"href":"https:\/\/windycityclients.com\/franks\/wp-json\/wp\/v2\/posts\/5088","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/windycityclients.com\/franks\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/windycityclients.com\/franks\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/windycityclients.com\/franks\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/windycityclients.com\/franks\/wp-json\/wp\/v2\/comments?post=5088"}],"version-history":[{"count":0,"href":"https:\/\/windycityclients.com\/franks\/wp-json\/wp\/v2\/posts\/5088\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/windycityclients.com\/franks\/wp-json\/"}],"wp:attachment":[{"href":"https:\/\/windycityclients.com\/franks\/wp-json\/wp\/v2\/media?parent=5088"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/windycityclients.com\/franks\/wp-json\/wp\/v2\/categories?post=5088"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/windycityclients.com\/franks\/wp-json\/wp\/v2\/tags?post=5088"},{"taxonomy":"dipi_cpt_category","embeddable":true,"href":"https:\/\/windycityclients.com\/franks\/wp-json\/wp\/v2\/dipi_cpt_category?post=5088"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}