Why You Can Still Be Charged Under DUI and Vehicle Laws

Many people in Chicago and across Illinois find themselves in police custody without ever putting a vehicle in gear. It sounds impossible—but it’s not only possible, it’s common. Illinois law allows the police to arrest you for DUI or other driving offenses even if your vehicle never moved an inch. The reason? A legal concept known as “actual physical control.”

At The Law Offices of David L. Freidberg, we represent people who are facing serious criminal charges because they were inside their own vehicle, parked, and allegedly under the influence—even if they were asleep or waiting for a ride. These situations feel unfair and often involve people who thought they were doing the responsible thing. Yet they can lead to charges, jail time, and a permanent record if not handled properly.

If you were charged in Illinois while parked or not driving, this article is for you. We’ll explain how the law works, the charges you might face, and the legal defenses available to you.

How Illinois Defines “Control” of a Vehicle

Under 625 ILCS 5/11-501(a), a person is guilty of DUI if they are in “actual physical control” of a vehicle while under the influence of alcohol, drugs, or a combination of substances. There’s no requirement in the statute that the person must be driving, moving, or even operating the vehicle at the time.

“Actual physical control” has been broadly interpreted by Illinois courts. Sitting in the driver’s seat with access to the keys, even if the engine is off, is often enough. The courts will look at several factors:

• Were you in the driver’s seat?

• Were the keys in the ignition or within reach?

• Was the engine running or warm?

• Was the car on a public roadway?

• Did you make any statements about driving soon?

These are all circumstantial elements. But prosecutors can and will use them to press charges.

Even if your car was parked legally, and even if you were trying to sleep off alcohol instead of driving, you can still be charged. The City of Chicago sees hundreds of these cases annually. Law enforcement assumes control = intent. That’s where defense becomes critical.

The Charges You Might Face—And What They Mean

The most common charges brought in these cases are DUI and reckless driving. Both are serious. A first-time DUI is a Class A misdemeanor punishable by up to 364 days in jail, a fine of up to $2,500, mandatory alcohol education programs, and license suspension. Repeat DUIs or DUI involving other offenses (like injury or driving on a suspended license) can be prosecuted as felonies under 625 ILCS 5/11-501(d).

Other charges can also be layered onto your case:

• Improper Parking – If your vehicle obstructed traffic or was parked in a restricted area

• Open Container Violation – Possessing alcohol in a vehicle under 625 ILCS 5/11-502

• Aggravated DUI – A felony when combined with certain conditions (prior convictions, children in the vehicle, or injury caused)

The classification of your case as a misdemeanor or felony depends heavily on the prosecutor’s interpretation and any aggravating circumstances. Prosecutors in Cook County and nearby areas are increasingly aggressive in pursuing DUI cases even when the facts are shaky. That’s why having an attorney is critical from the first day.

To read more about Illinois DUI charges, visit our Chicago criminal defense law blog.

Arrested in a Parked Car? This Is What Happens Next

After an arrest, your case enters the Illinois criminal justice system. In Cook County, that means being processed at a local precinct, issued a bond or held for a bail hearing, and given a date to appear in court. The police report will describe the circumstances of your arrest, including alleged signs of impairment and your position in or around the vehicle.

If you refused a breath or blood test, you could face a Statutory Summary Suspension. Under 625 ILCS 5/11-501.1, this suspension can begin 46 days after your arrest unless you formally challenge it in court. You only have a short window to do that. And if you miss it, your license could be suspended automatically—even if your case is ultimately dismissed.

From there, your case proceeds through arraignment, discovery, motions, and trial. This process can last several months. The prosecution’s goal is to prove you were impaired and in control. Our goal is to raise doubt, challenge assumptions, and prevent a conviction.

We offer detailed information on the DUI trial process and available defenses on our DUI defense page.

Evidence Law Enforcement Uses to Prove “Control”

Police officers don’t need to witness erratic driving to build a case. Instead, they document everything they see, smell, and hear when they approach your vehicle. Common pieces of evidence include:

• You seated in the driver’s seat

• Engine running or vehicle warm

• Alcohol odor or visible containers

• Slurred speech or lack of coordination

• Bloodshot or glassy eyes

• Statements like “I just needed to rest before driving home”

What’s important to understand is that this evidence is usually subjective. There’s no video showing you operating the vehicle. But if police and prosecutors can create the story that you could have driven or intended to drive, that’s enough for a charge.

That’s also why this type of charge is highly defensible in the hands of the right attorney.

How We Defend Clients Charged Without Driving

We’ve defended countless clients throughout Chicago and the surrounding counties who were arrested without ever starting their cars. Our strategies often begin by challenging the stop or encounter. If police approached your parked car without cause and began questioning you or searching without a warrant or probable cause, we can file motions to suppress that evidence.

We also examine:

• Whether the keys were actually in your possession

• Whether you were using the car for shelter or necessity

• Whether the vehicle was operable or drivable

• Whether chemical test results are admissible

We’ve worked with toxicologists to show that blood alcohol content was lower than recorded, or that signs of impairment were caused by something other than alcohol.

One recent case involved a client parked near a CTA station in the early morning hours. The vehicle was off, and our client had walked to the car to wait for a friend. Police claimed they found him “sleeping behind the wheel.” But after obtaining surveillance footage from a nearby business and challenging the arrest timeline, we were able to prove our client never had control of the vehicle. Charges were dropped before trial.

Why It’s a Mistake to Face These Charges Alone

Too many people assume that if they weren’t driving, they don’t need a lawyer. But the truth is, the law does not make that distinction. The criminal court does not require proof of driving—only control.

Without legal representation, you could lose your license, plead guilty to avoid jail time, and carry a criminal conviction that shows up on background checks for the rest of your life.

Even first-time offenders are at risk. Prosecutors in Chicago and DuPage County are under pressure to enforce DUI statutes broadly, and they rarely dismiss charges without a legal fight. Our firm prepares each case for trial, even if we negotiate a resolution, to make sure our clients have leverage at every step.

Legal Defenses That May Apply

Some common defenses in these cases include:

• You were using the car for safety, not to drive

• The keys were out of reach or not in your possession

• The vehicle was disabled or not operable

• Police lacked reasonable suspicion to approach you

• Test results were unreliable or improperly administered

Each case has unique facts, and we use those facts to construct the best possible argument in your favor. With early intervention, we can sometimes prevent charges from being filed or secure dismissals before a trial becomes necessary.

Questions to Ask Your Attorney About These Charges

During your consultation, be sure to ask:

• How many DUI or parked vehicle control cases have you handled?

• What’s your approach to fighting “actual physical control” allegations?

• Can my license be saved?

• Do I have a chance of getting the case dismissed?

• Will you handle the case from start to finish?

At The Law Offices of David L. Freidberg, you’ll work directly with a seasoned trial attorney—not a junior associate. We answer your questions honestly and walk you through every step of the process.

Why Choose The Law Offices of David L. Freidberg

We’ve been defending clients in Chicago and surrounding counties for decades. Our track record includes dismissals, acquittals, and reduced charges in hundreds of cases where driving was never proven. We understand how Illinois law works, and we know how to fight overbroad prosecutions that rely on assumptions instead of facts.

You have rights. You deserve a defense. And we are here to provide it.

Call Now – The Law Offices of David L. Freidberg Is Ready to Help

If you’ve been charged with DUI in Chicago and have a medical condition that may have impacted your arrest or test results, call The Law Offices of David L. Freidberg for a free 24/7 consultation.

If you were arrested in Chicago for DUI, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.

Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.