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Can The Police Charge Me With DUI Even If They Did Not See Me Driving My Car?


The standard for a DUI case is, at least in the state of Illinois, is that you have to be in physical control of the vehicle. You can be sleeping in the back seat of the car and the keys are on the floorboard next to you, and the car hasn’t been running for hours, and you are not going to avoid a DUI. If your car is operable, meaning you could take those keys and jump in the front seat and start it up, then it fits the definition of in physical control of a vehicle. If the keys are nowhere to be found in the car, that is different.

Should you get into that situation, you should never admit that you had anything to drink. You shouldn’t talk to the police at all. They will ask you if you have been drinking. You should either say no or ask if you are free to leave. If they say you are not free to leave, then you stop talking. They have the burden of proving, beyond a reasonable doubt, that you are under the influence. You absolutely want to maintain your right to remain silent. The minute you say you had one drink, they have probable cause. You do not want to take any tests and you don’t have anything else to say.

Physical control of the vehicle can be anywhere in the entire state and the car does not have to be running. It has to be operable. If you are sitting in a junk car that hasn’t run in two years and you are just using it to party in, and the police happen to roll up on you, you can’t get a DUI. They would ticket you but you would easily beat that case.

For more information on Getting Charged With a DUI In Illinois, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (847) 244-4636 today.

Barry Boches, Esq.

Get your questions answered - call me for your free phone consultation (847) 244-4636.

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