Chicago Criminal Lawyer Blog
You Don’t Have to Be Driving to Be Arrested for DUI in Illinois—Here’s What Every Driver Needs to Know
Imagine this: You’ve had too much to drink, so instead of risking it on the road, you decide to do the responsible thing. You walk to your car, climb into the driver’s seat, and take a nap. You think you’re playing it safe—avoiding the dangers of drinking and driving. But next thing you know, you’re being shaken awake by a police officer, questioned about alcohol, and arrested for DUI.
This happens more often than most people realize, especially in and around Chicago. And the law that allows it to happen is based on the concept of “actual physical control,” a phrase that doesn’t require movement, driving, or even intent. Under Illinois law, you can be parked legally, engine off, and still face full DUI charges.
