Chicago Criminal Lawyer Blog
Understanding Illinois DUI Law and How It Applies
Chicago law enforcement takes driving under the influence very seriously, and many people are surprised to learn that you can be charged with DUI even if your vehicle wasn’t in motion. Under 625 ILCS 5/11-501, Illinois law defines DUI as being in “actual physical control” of a motor vehicle while under the influence of alcohol, drugs, or any intoxicating compound. That means that the police don’t need to see you driving. If the officer believes you were capable of operating the car, even if the engine was off, a DUI arrest is possible.
In Chicago, I’ve handled cases where someone pulled over to “sleep it off” in a parking lot, only to end up in handcuffs. The officer noticed the person sitting behind the wheel with the keys nearby, and that was enough for an arrest. These cases happen all across Cook County, from neighborhoods like Wicker Park and Bridgeport to Evanston and Oak Lawn.
