Chicago Criminal Lawyer Blog
What Sitting in the Driver’s Seat Could Mean for Your Future
Most people assume that Driving Under the Influence (DUI) charges in Illinois only apply if you were caught in the act—swerving through traffic, speeding, or failing a stoplight. But under Illinois law, you can be charged and convicted of DUI even if your car never moved. Simply being behind the wheel of a parked vehicle while under the influence can trigger a criminal case if police believe you were in “actual physical control” of the car.
If that sounds like an overreach, you’re not alone. I’ve represented many clients in Chicago and throughout Cook County who were shocked to be arrested while they were trying to sleep off a night of drinking in their own vehicle. These cases often rest on vague interpretations and assumptions by officers, which is exactly why having an experienced criminal defense attorney is essential.
The Legal Definition That Traps Unwitting Drivers
Under 625 ILCS 5/11-501, Illinois law makes it illegal to operate or be in actual physical control of a vehicle while under the influence of alcohol, drugs, or any intoxicating compound. The phrase “actual physical control” is where things get tricky. The law doesn’t require that the engine be running or the car be in motion. What matters is whether the prosecution can prove that you had the ability and opportunity to drive while impaired.
Let’s say you fell asleep in the driver’s seat of your parked vehicle outside your apartment in Wicker Park. You were waiting for a friend to pick you up or maybe thought it would be safer to rest for a few hours. If the keys were in the ignition, on the dashboard, or even in your pocket, an officer could claim you were in actual physical control. From there, they might perform field sobriety tests or request a breath sample. The next thing you know, you’re booked on DUI charges.
Even though these charges stem from a stationary situation, they carry the same penalties as if you were stopped for weaving through traffic. For a first offense, DUI is a Class A misdemeanor, with up to a year in jail, fines up to $2,500, and a license suspension. If you have a prior DUI conviction or aggravating factors are involved, the charge can be bumped up to a Class 4 felony, punishable by 1 to 3 years in prison under 625 ILCS 5/11-501(d).
Why Constructive Possession and Intent Matter So Much
A common theme in these cases is the concept of “constructive possession.” That means you had control over the vehicle, even if you weren’t actively driving it. Courts will consider the totality of the circumstances: Were the keys accessible? Was the seatbelt fastened? Were you seated in the driver’s seat? Was the engine running? Where was the vehicle located?
The other major consideration is intent. While intent isn’t strictly required to prove DUI under Illinois law, it’s often used as circumstantial evidence to bolster the argument that you were likely to drive. If you told the officer, “I was just waiting to sober up before heading home,” that statement can and will be used against you.
I’ve seen prosecutors make creative arguments to win these cases. But I’ve also successfully challenged their assumptions by focusing on facts. In one case, a client was found asleep with the engine running in a grocery store parking lot. The keys were in the ignition because it was cold, and he wanted the heat on. We argued the client had no intent to drive and was using the vehicle as shelter. The court agreed and dismissed the charges.
The Evidence Prosecutors Use—and How We Fight It
In DUI cases involving non-driving arrests, the evidence is often circumstantial. That’s exactly why a strong defense strategy is vital. Here’s what law enforcement typically looks for:
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Your location in the vehicle (driver’s seat vs. passenger seat)
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Whether the engine was running
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Where the keys were found
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Your level of intoxication
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Statements you made to officers
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Any witnesses who observed your behavior
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Bodycam and dashcam footage
As your attorney, I’ll challenge every aspect of the state’s evidence. For example, we might argue the vehicle was inoperable, or that the officer lacked probable cause to approach and investigate. If you were in a private driveway or parked legally on a city street, we’ll use that to our advantage.
We’ll also examine whether the breathalyzer was properly administered, whether your rights were violated during the stop, and whether the state can actually prove constructive possession beyond a reasonable doubt.
Learn more about DUI defense options at ChicagoCriminalLawyer.Pro – DUI
How a Criminal Defense Attorney Protects You From Assumptions
Too often, clients think a public defender will suffice, or that they can explain their way out of the charges. But Illinois DUI law is too unforgiving for that. A conviction doesn’t just mean a fine—it means a permanent criminal record, license suspension, higher insurance rates, employment problems, and possible jail time.
When you hire my firm, you’re hiring someone who knows the court system in Cook County, DuPage County, Will County, and Lake County. I’ve handled DUI cases from the initial police stop all the way to trial. I don’t rely on assumptions—I investigate, challenge, and fight.
From filing suppression motions to negotiating with the prosecution for reduced charges or court supervision, I take a strategic, tailored approach. That’s how I’ve protected the freedom and futures of so many clients across Chicago.
What to Ask During a Free DUI Defense Consultation
Choosing the right lawyer makes all the difference. When you speak with an attorney, make sure you ask:
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Have you handled cases where the driver was just sitting in a parked car?
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What percentage of your cases go to trial?
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What are the likely defenses in my situation?
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What penalties am I facing?
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How will you communicate with me during the case?
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What’s your track record with similar DUI charges?
These questions will help you determine if the lawyer you’re speaking to is the right fit. At The Law Offices of David L. Freidberg, we offer a no-obligation consultation where I personally review the facts of your case and explain your options.
Why You Shouldn’t Try to Fight These Charges Alone
A DUI arrest—even in a parked car—puts your future at risk. If you don’t fight it the right way, it can result in a conviction that never goes away. Prosecutors treat these cases seriously, and the court system doesn’t give leniency just because the vehicle wasn’t moving.
That’s why hiring an experienced criminal defense lawyer early on is one of the smartest decisions you can make. We know the law. We know the courts. And we know how to get results.
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.
