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.
