Chicago Criminal Lawyer Blog
You Can Be Arrested for DUI Even If You Never Drove
DUI charges in Chicago are not limited to those who are caught operating a moving vehicle. In Illinois, just sitting in the driver’s seat while intoxicated can result in a DUI arrest if law enforcement believes you were in “actual physical control” of your car. This concept is embedded in 625 ILCS 5/11-501 and has led to thousands of arrests across Cook County and beyond.
These arrests often happen in residential neighborhoods, downtown parking lots, and on the side of the road. Maybe you were trying to do the right thing by sleeping it off in your car. But police often assume you were about to drive or had recently driven, and that assumption can land you in court facing jail time, license suspension, and a criminal record.
