Parked But Prosecuted: Why Illinois Drivers Are Arrested for DUI Without Ever Moving the Car

You Don’t Have to Be Driving to Be Arrested for DUI in Illinois—Here’s What Every Driver Needs to Know

Imagine this: You’ve had too much to drink, so instead of risking it on the road, you decide to do the responsible thing. You walk to your car, climb into the driver’s seat, and take a nap. You think you’re playing it safe—avoiding the dangers of drinking and driving. But next thing you know, you’re being shaken awake by a police officer, questioned about alcohol, and arrested for DUI.

This happens more often than most people realize, especially in and around Chicago. And the law that allows it to happen is based on the concept of “actual physical control,” a phrase that doesn’t require movement, driving, or even intent. Under Illinois law, you can be parked legally, engine off, and still face full DUI charges.

It’s a harsh reality that surprises many drivers. But understanding how Illinois defines DUI, how prosecutors use circumstantial evidence, and what defenses may apply can help you avoid a conviction—or possibly get your case thrown out entirely.

If you or someone you care about was arrested under these circumstances, don’t wait to get legal help. At The Law Offices of David L. Freidberg, we defend clients facing these exact types of DUI charges throughout Chicago and the surrounding counties.

What Does “Actual Physical Control” Mean Under Illinois DUI Law?

Illinois law doesn’t limit DUI charges to people who were driving. The relevant statute—625 ILCS 5/11-501—makes it unlawful to “drive or be in actual physical control of any vehicle” while under the influence of alcohol or other substances. That phrase—“actual physical control”—is what allows law enforcement to charge drivers who are simply sitting or sleeping in a parked car.

Illinois courts have interpreted this provision broadly. That means police don’t need to witness you driving to arrest you. They only need to show that you were in a position to potentially operate the vehicle.

Some of the circumstances that have led to DUI convictions include:

Sleeping in the driver’s seat with keys in the ignition
Sitting in a running vehicle parked outside a bar
Resting with the keys in your lap or pocket, even if the car was turned off
Being found intoxicated in the car with the engine off but the vehicle on a public roadway

In one case, a man was arrested after pulling into a gas station and falling asleep behind the wheel. His car wasn’t moving, but the engine was running to keep the heater on. The court ruled that because the man had the keys and was in the driver’s seat with the vehicle on, he had actual physical control.

You don’t have to admit anything, and your car doesn’t have to move an inch for prosecutors to file charges against you. That’s why it’s so important to know your rights and work with a defense attorney who understands how these cases unfold.

How These Arrests Typically Happen in Chicago and Nearby Cities

In Chicago, DUI arrests involving parked cars often begin as wellness checks or suspicious vehicle reports. A concerned citizen may report someone passed out in a car outside a restaurant, bar, or on the side of Lake Shore Drive. Police respond to the scene, knock on the window, and initiate a conversation.

If the officer observes signs of intoxication—slurred speech, bloodshot eyes, the odor of alcohol, or confusion—they will proceed to question you and possibly ask for field sobriety tests. Even if you’re groggy from sleep and not alcohol, these tests are subjective and can result in “failing” when you’re not actually impaired.

Officers may then request a breath or blood test. If you refuse, Illinois law imposes a statutory summary suspension of your driver’s license, per 625 ILCS 5/11-501.1. You will also be arrested and taken to a police station, where formal charges will be initiated.

The fact that your vehicle was parked is not a defense by itself. Prosecutors will argue that your ability to drive—your proximity to the keys, your location in the driver’s seat, and whether the engine was on—satisfies the elements of “actual physical control.”

This is true even if you parked the vehicle to sleep it off with no intention of driving until you were sober. Courts have repeatedly stated that intent is irrelevant under the statute.

Penalties and Long-Term Consequences for DUI While Parked

If you’re convicted of DUI in Illinois, the consequences can be severe, regardless of whether the vehicle moved. A first-time DUI is a Class A misdemeanor and carries:

Up to 364 days in jail
Fines up to $2,500
Suspension of your driver’s license for a minimum of 6 months
Alcohol and drug evaluation and treatment
Court supervision, probation, or community service

Aggravated DUI offenses can be charged as felonies. These include:

A third DUI offense (Class 2 felony)
DUI with a child passenger (Class 4 felony)
DUI causing injury (Class 4 felony or higher depending on severity)

In addition to criminal penalties, the impact on your future can be significant. You could face job loss, higher insurance rates, loss of commercial driving privileges, and even immigration consequences if you’re not a U.S. citizen.

What’s worse—DUI convictions in Illinois cannot be expunged or sealed. Once on your record, it’s permanent.

That’s why working with a defense lawyer is critical. With the right legal strategy, you may be able to avoid conviction altogether.

Legal Defenses for Sleeping DUI Charges

Although the law gives prosecutors broad authority, these cases can still be successfully challenged. Every DUI case involving a sleeping driver is unique. The details matter—the position of the driver, the location of the keys, the condition of the vehicle, and what the officer observed.

Common defenses include:

You were not in actual physical control of the vehicle
The vehicle was legally parked and turned off
The keys were not accessible or were in the trunk or glove box
The officer lacked reasonable suspicion or probable cause to make the arrest
Field sobriety tests were improperly administered or unreliable
The breath or blood test results were flawed

In one recent case, we defended a woman arrested while sleeping in her car near a CTA station. The vehicle was off, and the keys were locked in the glovebox. We argued she had no access to operate the car, and that the officer had no reasonable basis to expand a welfare check into a DUI investigation. After filing a motion to suppress, the judge dismissed the case.

Learn more about our successful case strategies and courtroom wins on our DUI blog here.

Why You Need a Defense Attorney Immediately After Arrest

Trying to explain your way out of a DUI charge is rarely successful. Once the arrest happens, the system moves fast—and without legal representation, you could easily lose your license, freedom, and reputation.

At The Law Offices of David L. Freidberg, we understand how prosecutors build DUI cases involving sleeping drivers. More importantly, we know how to dismantle them. We immediately challenge the evidence, file motions to suppress unlawful arrests, and argue aggressively for dismissal or reduced charges.

Having a lawyer also means you won’t face court hearings alone. We guide you through:

Arraignment and bond hearings
Discovery and evidence review
Statutory summary suspension hearings
Plea negotiations
Bench or jury trials

We defend clients every day in Cook, Will, DuPage, and Lake Counties—and we have the track record to prove it.

Call Now for a Free Consultation With a Chicago DUI Lawyer

Don’t make the mistake of thinking your case is minor because you weren’t driving. Illinois courts treat DUI charges based on sleeping in a parked car the same as DUI involving a moving vehicle.

You have rights. You have options. And you may have strong defenses.

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.