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.
