Legal Question in DUI Law in Illinois

DUI, OWI, Drunken Driving Arrest, Operation of Vehicle Not Seen by Officer

Merely changing a flat without other circumstantial evidence of driving would not be enough to support a conviction for drunken driving unless the car ignition was on at the time. You have not asked a question but rather stated a fact situation. I am not sure what you are looking for, but generally speaking, an officer need not observe driving in order to prove who a driver was. For example, the driver could admit to it, hence that element of the crime is adequately proven by his confession. As a general matter, officers have the right and the duty to make inquiry with regard to disabled vehicles (and usually, to render assistance). If this leads to evidence of drunken driving, however, they also have a duty to investigate that issue further. An experienced criminal lawyer would examine your fact situation to see if the officer had adequate probable cause to arrest you, such as proof that you drove the car and when you last drove it. Falling down in front of the officer obviously does not help you on the issue of intoxication, regardless of the cause, but it does not prove that you were the driver. You should consult with a criminal lawyer as soon as possible. Good luck

Re: dui

I would need to know what you said to the officer. Normally you should be ok, but there are important facts not in your question. Were you arrested for DUI? Was the car running? Did you tell the cop you were driving? Did you take and fail a sobriety test?