One night you went to a birthday party. The friend who drove you started a drinking game. While you only had two or three drinks yourself, your friend had many more and became too drunk to drive. So you offered to take the wheel. Is that a defense to a DUI?
The answer is no. Under Illinois law, the fact that your friend was more impaired than you were simply does not matter. DUI is against the law even though you may have been the lesser of two evils. While you may have truly believed you were doing your friend a favor, the police can still test and arrest you if they suspect you are under the influence.
Even if you are helping a friend, driving under the influence (be it alcohol or another drug) is never a good idea. It also does not matter if you were only driving a short distance if you were on public property when the offense took place.
If you have questions about this or another related Illinois DUI or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)
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Illinois Jurisprudence: Criminal Law and Procedure. Vol. 1. (LexisNexis 2014).
Illinois Jurisprudence: Criminal Law and Procedure. Vol. 1. (LexisNexis 2014).