Chicago Criminal Lawyer Blog
Most people believe that to be arrested for DUI in Illinois, you must be caught driving under the influence. But Illinois law says otherwise. You can be charged with DUI even if the engine is off and the car is in park. This is because Illinois law allows drivers to be arrested not just for driving, but also for being in “actual physical control” of a vehicle while impaired. If you’ve been charged with DUI under this rule, you’re not alone—and you do have options.
The term “physical control” has led to thousands of arrests across Chicago and Cook County. Often, the people charged were doing what they thought was the responsible thing—pulling over to sleep it off or waiting for a rideshare driver. Unfortunately, police don’t always interpret those actions kindly. If you’re in the driver’s seat with the keys nearby, prosecutors may try to build a case that you were capable of driving, and therefore in violation of DUI laws.
Understanding how physical control works under Illinois law is the first step in fighting the charge. The next is making sure you have a defense strategy backed by legal knowledge and courtroom experience.
