Most people associate a DUI arrest with driving under the influence on the open road. But in Illinois, it doesn’t take a moving vehicle to face criminal charges. Police officers in Chicago and across Cook County routinely arrest individuals for DUI while they’re parked—sometimes without the engine even running. If this happened to you, you’re likely confused, frustrated, and wondering how this is even legal.
At The Law Offices of David L. Freidberg, our firm’s criminal defense attorney has been defending people accused of driving under the influence for decades. And we can tell you—this type of arrest is more common than you might think. If you were sitting in your car after a night out and now find yourself charged with a serious crime, this article is for you. Illinois law does allow DUI charges in parked vehicles—but that does not mean you’re automatically guilty.
DUI Arrests Don’t Require Driving—Just “Control” of the Vehicle
Under 625 ILCS 5/11-501(a), you can be charged with DUI if you are operating or in “actual physical control” of a vehicle while under the influence of alcohol, drugs, or a combination of both. This phrase—actual physical control—is what allows law enforcement to charge you even when the vehicle is stopped.
In practice, this means sitting behind the wheel with the keys accessible may be enough for prosecutors to argue you had control over the car. The vehicle doesn’t need to be running. It doesn’t need to be moving. You don’t even need to have any plans to drive. It’s enough that they believe you could.
That’s why DUI charges can—and do—stem from situations like:
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Sleeping in your car after drinking at a Cubs game
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Sitting with the heat on in a parking garage near downtown
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Waiting for a ride while resting in the driver’s seat
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Listening to music while parked near Lake Shore Drive
We’ve seen cases like these again and again. What’s important to remember is that you are not convicted just because you were arrested. Prosecutors still have to prove their case, and there are multiple legal arguments available to challenge a parked car DUI.
What Happens After a DUI Arrest in a Parked Vehicle?
After your arrest, your criminal case begins with formal charges being filed in the Circuit Court of Cook County or another local courthouse if the arrest happened outside of Chicago. You’ll be given a court date for arraignment. Meanwhile, the Secretary of State may suspend your license due to a failed or refused chemical test—even before your case goes to trial.
This is known as a statutory summary suspension, and it happens automatically unless your attorney files a petition to rescind it within 90 days. You don’t want to miss this deadline. While the criminal case moves through arraignment, discovery, motions, and possibly trial, the license issue is handled separately. A strong legal strategy addresses both fronts.
At The Law Offices of David L. Freidberg, we take immediate action to contest the suspension, investigate the officer’s conduct, and prepare for court. Visit chicagocriminallawyerblog.com to learn more about how these cases move through the court system in Chicago and why early representation matters.
The Serious Consequences of a DUI Conviction in Illinois
Even a first-time DUI conviction carries heavy consequences under Illinois law. As a Class A misdemeanor, it’s punishable by:
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Up to one year in jail
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Up to $2,500 in fines
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Mandatory alcohol education or treatment
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Community service
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Loss of driving privileges
Repeat offenses or aggravating circumstances—such as an accident, prior convictions, or a child passenger—can elevate the charge to a felony DUI, which may carry years of prison time under 625 ILCS 5/11-501(d).
But beyond the legal penalties, a DUI conviction has long-term effects. It becomes a permanent criminal record that cannot be expunged. It can damage your professional license, limit job opportunities, raise your insurance premiums, and even affect immigration status for non-citizens.
If you were charged under questionable circumstances—like sitting in a parked car—you owe it to yourself to fight back before it’s too late.
Real Example: When a DUI Charge Doesn’t Hold Up
One of our recent clients was a delivery driver finishing a late shift. He parked on a side street in the South Loop, waiting for his girlfriend to pick him up. He had a drink after work but didn’t intend to drive. The car was off, and the keys were in the back seat.
Chicago police approached the vehicle during a patrol and claimed they smelled alcohol. They pulled him out, performed field sobriety tests, and arrested him for DUI. But at trial, we presented evidence that he had no intent to drive, and that the keys were not accessible.
We cross-examined the arresting officer on why he believed there was probable cause, and we filed a motion to suppress based on lack of control and unlawful seizure. The judge granted the motion. Case dismissed.
These types of outcomes don’t happen by accident. They come from an aggressive, facts-driven defense by someone who knows how Illinois DUI law actually works in court.
What Defenses Can Be Raised Against a Parked Car DUI?
No two cases are the same, but there are common defenses that apply to many parked car DUI arrests:
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Lack of actual physical control: If you weren’t in the driver’s seat or didn’t have access to the keys, the prosecution may not be able to prove you were in control.
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No probable cause: If the police approached your car without a legal reason, any evidence they obtained may be inadmissible.
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Improper field sobriety tests: Officers often perform these incorrectly or under poor lighting, bad weather, or unsafe conditions.
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Medical or physical issues: Certain health problems can mimic signs of intoxication and lead to false conclusions.
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No intent to drive: If you were waiting for a ride or sleeping it off responsibly, this undermines the idea that you posed a risk.
We build these arguments using video, witness statements, GPS data, receipts, photographs, and detailed review of the police reports. Your version of the story matters—but it must be supported by evidence and argued by someone who knows how to do it effectively.
Why It’s a Mistake to Handle This Alone
DUI charges—especially those based on questionable evidence—might seem beatable. Some people believe that because they weren’t driving, the charges will be dismissed automatically. But this is a dangerous assumption.
Prosecutors in Cook County take these charges seriously and will not drop the case unless they’re forced to. Officers will testify that you were impaired and in control. The court will rely on their testimony unless it’s challenged effectively.
You need someone in your corner who understands DUI defense and is willing to fight for your rights. Our firm has handled DUI cases throughout the Chicago area, and we bring that experience to every client we represent.
What to Do Right Now if You’ve Been Charged
The most important thing you can do is act quickly. Here’s what to prioritize:
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Don’t speak to police or prosecutors about the case
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Do not plead guilty without legal advice
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Contact a DUI defense attorney immediately
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Bring all paperwork and details about your arrest to your consultation
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Attend all court dates and license hearings
Your first consultation with us is free—and confidential. We’ll explain your rights, examine the facts of your case, and outline your legal options. Don’t wait until it’s too late to protect your record and your future.
Call David L. Freidberg Now for a Free Consultation
Being arrested for DUI in a parked car may feel wrong—but Illinois prosecutors will still pursue a conviction unless you fight back. You need a skilled criminal defense attorney who understands what it takes to beat these charges in a Cook County courtroom.
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.