In Illinois you can be convicted for Driving Under the Influence (DUI) when your sleeping in your car or sitting in your car without the engine running. It is possible because Illinois law requires that you have “actual physical control” of your vehicle to be guilty of DUI. “Actual physical control” is defined as simply having the keys to the car in your possession.
I represented a young woman who was sitting in a car parked on her front lawn. She and her friend were drinking from a bottle of Hennessy. The Chicago Police pulled up and charged her with DUI. I had the DUI charge dismissed on a Motion to Quash the Arrest by showing that the Chicago Police reports, the Illinois Statutory Summary Suspension form and the Chicago Police Tow Reports did not list the vehicle’s keys. The Chicago Police officers who made the arrest also overlooked the keys.
Likewise, you can be convicted of DUI if you pull over to the side of the road or into a parking lot because you feel you cannot safely drive. Public policy should be changed to allow a drunk driver to stop his car without fear of going to jail. Society should encourage drunk drivers to stop their vehicles and not to keep driving if it is not safe. However, unfortunately in Illinois, the law encourages you to try to make it home.
Cases involving parked and disabled vehicles present special facts that as an attorney may lead to having the case dismissed. As each case is unique I offer a free telephone consultation to review your specific facts.
