Chicago Criminal Lawyer Blog
What Illinois Law Says About Parked Cars and Driveways
In Illinois, you can be arrested and charged with DUI even if your car never leaves the parking lot or your driveway. This often surprises people, especially those who were trying to avoid driving under the influence by sleeping it off in their vehicle or waiting for a ride. But the law doesn’t just punish intoxicated driving—it punishes the risk of driving, and that’s where the legal idea of “actual physical control” becomes important.
Many DUI arrests occur in less expected places. A person might fall asleep in their vehicle outside their apartment in Cicero or pull over in a grocery store parking lot in Hyde Park. These non-roadway arrests are prosecuted under the same statute as DUIs that occur on public streets: 625 ILCS 5/11-501. That statute prohibits being in actual physical control of a vehicle while under the influence, whether or not the person is driving.
The reality is that if a police officer finds you impaired in a vehicle, with access to the controls, they may arrest you even if the vehicle hasn’t moved. While prosecutors still need to prove every element of the offense, they will rely on circumstantial evidence—like where you were sitting, whether the engine was running, and where the keys were located.
When Private Locations Become Legal Trouble
There is a mistaken belief that private property shields drivers from DUI enforcement. Many people assume that sitting in their driveway, a parking lot, or a private alley means they cannot be arrested. However, Illinois law does not restrict DUI enforcement to public roads.
In fact, courts in Illinois have repeatedly held that a DUI arrest may be lawful on private property, provided that the driver was in actual physical control of the vehicle while impaired. Whether the property is public, private, or semi-public (like an apartment complex parking area), the law still applies.
The problem is compounded when officers initiate contact in these locations without sufficient cause. Police are permitted to make welfare checks under the community caretaking exception, but they must not escalate those interactions into criminal investigations without specific, articulable facts suggesting wrongdoing. If they cross that line, your defense attorney may be able to suppress the evidence obtained during the encounter.
What the State Has to Prove
In court, the State of Illinois must prove that you were:
- Impaired by alcohol, drugs, or another intoxicating substance
- In actual physical control of a vehicle
To do this, they may present chemical test results, officer testimony, and visual evidence such as dashcam or body camera footage. They will also examine where you were in the vehicle, whether the engine was running, and whether you had the keys in your possession.
Prosecutors often point to behavior consistent with driving intent: the car in drive, seatbelt fastened, headlights on, or the driver behind the wheel with their hands on the controls. But each case is unique. You may have had no intent to drive, may have moved to the passenger seat, or may have deliberately removed the keys to avoid any risk. These facts matter and are often the focus of your defense.
How These Arrests Happen
Chicago-area police often initiate DUI arrests in places like restaurant parking lots in Lincoln Square or residential alleys in Logan Square. They might receive a tip about a person passed out in their car or simply observe someone parked oddly or idling late at night.
Once they make contact, they look for signs of impairment: bloodshot eyes, slurred speech, the smell of alcohol, or the presence of alcohol containers. From there, they may ask the individual to step out of the vehicle and perform field sobriety tests. If the officer believes the person is impaired and in control of the vehicle, they will make an arrest.
This is where the Fourth Amendment and procedural rights come into play. A criminal defense attorney will question whether the officer had a valid reason to approach the vehicle, whether your statements were voluntary, and whether your rights were respected during testing.
Legal Defenses That Work
There are a number of legal defenses to a DUI charge that takes place on private property:
- You were not in actual physical control
- The keys were not accessible or in your possession
- You were in the back seat or a passenger seat, not the driver’s seat
- You were sleeping with no intent to drive
- The officer had no legal grounds to initiate contact
- Field sobriety or chemical tests were improperly administered
An attorney may also challenge whether the officer had reasonable suspicion or probable cause to transition a welfare check into a criminal DUI investigation. If the officer entered private property without legal justification, all evidence gathered may be suppressed.
Why You Need an Attorney Immediately
If you’ve been charged with DUI while parked on private property, you need to act quickly. You only have a limited window to challenge your driver’s license suspension. You also need a lawyer who knows how to attack the prosecution’s theory of actual physical control, file pretrial motions, and fight for you in court.
A conviction can lead to jail time, probation, license revocation, court fines, mandatory alcohol classes, and a permanent criminal record. Even first-time offenders face serious consequences.
The earlier you involve an attorney, the better your chance of limiting the damage or getting the charges dropped altogether.
Don’t Take Chances With Your Future
The Law Offices of David L. Freidberg has successfully defended hundreds of clients throughout Chicago and surrounding counties. Whether your DUI occurred in a private driveway, a downtown garage, or a shopping center parking lot, we know how to challenge the prosecution’s assumptions and present the facts in your favor.
You don’t have to accept the charge. You don’t have to plead guilty. And you don’t have to face this process alone.
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.
