Were You Arrested for DUI on Private Property in Chicago?

Here’s What You Need to Know

It may come as a shock, but yes—you can be arrested for DUI in Illinois even if you were on private property. Whether you were parked in your own driveway, stopped on a private lane, or inside a gated apartment complex, Illinois law allows for DUI arrests in locations that are not open to the general public. This surprises a lot of people, especially drivers in Chicago who assume DUI laws only apply on city streets or highways.

But the truth is that DUI law in Illinois casts a wide net. And if you were arrested for DUI while on private property, the law doesn’t automatically give you an escape route. Instead, the case depends on the details: your behavior, the location, your control of the vehicle, and the evidence collected.

If you’re facing a DUI charge based on an arrest that occurred off public roads, this article will walk you through how Illinois law applies, what to expect in court, and why hiring a DUI attorney is absolutely critical to protecting your rights and future.

Illinois DUI Law: It’s Not About Where—It’s About What You Were Doing

Under Illinois law—625 ILCS 5/11-501—you can be charged with DUI if you are operating or in “actual physical control” of a vehicle while under the influence of alcohol, drugs, or a combination of substances. Notice what’s missing? The statute does not limit itself to public highways or streets. In fact, it makes no distinction at all about where the DUI must occur.

Over the years, Illinois courts have clarified that this law applies broadly—including to locations that are not generally accessible to the public. That means driveways, privately owned roads, business parking lots, farm property, and even gated communities.

The idea behind this interpretation is based on public safety. If you’re impaired and in control of a vehicle—regardless of where that vehicle is located—you pose a danger. The law doesn’t wait until you drive onto a public street. If there’s enough evidence to show impairment and vehicle control, you can be arrested and prosecuted.

Common Situations That Lead to DUI Arrests on Private Property

Many private property DUI cases arise in ways most people wouldn’t expect. Below are a few examples I’ve seen time and again in Chicago and surrounding counties:

You’re sitting in your car, parked in your own driveway, with the engine running. A neighbor calls police after seeing you stumble into the car. Police arrive, observe signs of impairment, and arrest you for DUI.

You pull into the parking lot of a strip mall after drinking. You don’t hit anyone or cause a crash, but an officer sees you park poorly or linger in the vehicle. They approach and conduct a DUI investigation.

You leave a party at a friend’s house in a gated community and start your car to warm it up. Police patrolling the area spot you and believe you’re intoxicated. They arrest you before you even pull out.

In all of these situations, the location may be private—but the charges are real. Once the officer forms a belief that you’re impaired and in control of a vehicle, a DUI arrest is likely.

Actual Physical Control: The Legal Key to Your Case

When a DUI arrest happens on private property and no driving is witnessed, prosecutors must rely on the concept of actual physical control. This means that you had the ability to operate the vehicle, even if you didn’t move it.

Illinois courts have interpreted this standard to include:

Sitting in the driver’s seat
Possessing the car keys
Having the engine running
Being in a location that suggests you intended to drive

This is a fact-specific analysis. For example, if you were asleep in the back seat, that may suggest you weren’t in control. But if you were sitting in the front seat, keys in hand, engine on, that’s a much harder argument.

The bottom line is this: prosecutors don’t need to prove actual driving. They only need to prove that you were impaired and had the means to drive. That makes challenging the facts of the case essential—and it’s why your defense strategy should start immediately.

What Kind of Evidence Will Be Used in a Private Property DUI Case?

In DUI cases on private property, the type of evidence used may be slightly different—but it’s no less important. Without a traffic stop, police rely heavily on their observations and interactions after the initial approach.

Evidence typically includes:

Police bodycam and dashcam footage
Witness statements (neighbors, passersby, store employees)
The officer’s written report
Field sobriety test results
Preliminary breath test (PBT) results at the scene
Chemical test results (breath, blood, urine) from the station
Photos of the vehicle’s location and your condition

Your attorney will review all of this evidence carefully. In private property cases, inconsistencies in the officer’s report or unclear evidence of control can make the difference between conviction and dismissal.

What Are the Penalties for DUI in Illinois—Even If You Were On Private Property?

Illinois DUI penalties are harsh—whether you were pulled over on the Dan Ryan Expressway or found sleeping in your driveway. A first-time DUI charge is a Class A misdemeanor, punishable by:

Up to one year in jail
Up to $2,500 in fines
Mandatory alcohol evaluation
One-year license suspension (or more, if you refused testing)
Possible community service
Permanent criminal record if not granted court supervision

If you have prior DUI convictions or aggravating factors like a minor in the vehicle or a crash with injuries, the charge could be upgraded to a felony. That means potential prison time, much higher fines, and revocation of your driver’s license for years.

Even if you qualify for court supervision, a DUI charge is something that can follow you for the rest of your life. Insurance premiums go up. Employers may take notice. And if you’re ever charged again, that first case could make things worse.

Legal Defenses That Apply to Private Property DUI Arrests

Just because the officer made an arrest doesn’t mean you’ll be convicted. Many DUI charges that stem from private property situations can be challenged through legal defenses.

Here are some that may apply:

Lack of Physical Control – If you weren’t in the driver’s seat, the engine wasn’t running, or the keys weren’t accessible, your attorney can argue that you were not in actual control of the vehicle.

Unlawful Police Entry – If you were on truly private property and the officer entered without probable cause or exigent circumstances, any evidence obtained may be subject to suppression.

Improper Field Sobriety Testing – The National Highway Traffic Safety Administration (NHTSA) has strict guidelines for administering FSTs. If they weren’t followed, the results may be challenged.

No Probable Cause for Arrest – If your appearance and behavior didn’t meet the threshold for impairment, your arrest may be challenged.

Medical Conditions or Other Explanations – Conditions such as diabetes, fatigue, or anxiety can mimic impairment symptoms and provide reasonable alternative explanations.

Your attorney’s job is to identify which of these defenses best fits your case and build a strategy around it.

Why You Should Hire a DUI Lawyer Immediately

Facing a DUI charge—especially when it seems unfair or unexpected—is overwhelming. But trying to handle it alone can lead to disastrous consequences. Without an experienced lawyer, you may miss key deadlines, fail to challenge the license suspension, or overlook strong defenses.

A DUI attorney can:

Challenge the basis for the arrest
File motions to suppress unlawful evidence
Fight the automatic license suspension
Negotiate for court supervision or reduced charges
Take your case to trial if necessary

Even if this is your first time in trouble, the legal system won’t give you a free pass. Hiring an attorney puts someone in your corner who knows the system and can fight for your future.

Choose David L. Freidberg to Defend Your DUI Case

At The Law Offices of David L. Freidberg, we’ve spent decades defending people charged with DUI across Chicago and the surrounding counties. Whether your arrest happened on private property, at a roadside checkpoint, or following a traffic stop, we have the experience and courtroom knowledge to help.

We understand how prosecutors handle private property DUI cases—and how to challenge the evidence they rely on. Every case we take is approached with the goal of protecting your record, your license, and your freedom.

We offer free consultations, 24/7 availability, and honest guidance from the first call.

Call Now – The Law Offices of David L. Freidberg Is Ready to Help

If you were arrested in Chicago for DUI, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.

Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.