You made the responsible choice. You drank, realized you shouldn’t drive, and decided to sleep it off in your car. But instead of being praised for your caution, you found yourself in handcuffs, arrested for DUI. It doesn’t make sense—until you realize that in Illinois, the law doesn’t require you to be driving to be charged.
As a criminal defense lawyer representing clients across Chicago and Cook County, I’ve seen countless people shocked to learn that just sitting or sleeping in their vehicle while intoxicated can lead to a criminal charge. It feels like a trap—and in some ways, it is. The law is broad, and the police often stretch it even further.
Understanding how DUI charges work when you’re not driving is essential if you’ve been arrested in this situation—or want to avoid becoming one of the many people caught by surprise.