Prosecutors say Cecil Conner was drunk at the time of the accident that killed Michael Langford last May.
A Chicago heights police officer had given Conner the keys to his girlfriend's car after stopping and arresting her for driving on a suspended license.
Police insists that Conner did not appear intoxicated or smell like alcohol when the officer gave him the car keys.
"You are told by an armed law enforcement officer that you are going to drive, what choice do you have, if you disobey you've now committed a crime," said Paul Napolski, defense attorney.
Opening statements in the trial are set to begin Monday morning. Conner faces two counts of aggravated DUI.