What “Physical Control” in Illinois Really Means in a DUI Case

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.

The Legal Definition of “Physical Control” in Illinois DUI Law

Illinois law, under 625 ILCS 5/11-501, states that a person shall not drive or be in “actual physical control” of a vehicle while under the influence of alcohol, drugs, or a combination of both. Unlike some states that require proof of actual driving, Illinois courts have consistently upheld DUI charges based on the accused being in a position to operate the vehicle.

In practical terms, this means prosecutors don’t need to show you were on the road. They only need to prove that:

You were inside the vehicle
You had the ability to operate it
You were impaired at the time

Courts look at several facts to determine whether someone was in “actual physical control.” These include whether you were in the driver’s seat, whether the keys were in the ignition or within reach, whether the engine was running, and where the vehicle was located (on public or private property).

In many Chicago cases, someone pulled over to a side street in Logan Square, Bridgeport, or Lincoln Park ends up arrested while sleeping off a night of drinking. They didn’t drive while impaired, but they had the keys and were in a position that could suggest they might. Under the law, that’s often enough for an arrest—and sometimes a conviction.

Common Examples of DUI Arrests Without Driving

While this part of the law surprises many people, law enforcement agencies rely on it regularly. Some common real-world scenarios where DUI arrests happen under the “physical control” standard include:

A person found asleep behind the wheel with the car parked and keys in their lap
A driver pulled over with the engine running for heat or air conditioning
A person waiting in a running car for a sober ride after a night out
A driver sitting in the driver’s seat of a parked vehicle with the keys in the console

In each of these scenarios, prosecutors don’t need to prove actual movement. If they can show that you had access to the car’s controls and were impaired, they may claim that you had the ability to drive. Even good intentions—like pulling over to avoid driving drunk—can work against you in a physical control case.

What the Prosecution Must Prove

Although the law allows for arrests under the physical control doctrine, prosecutors still carry the burden of proving every element beyond a reasonable doubt. This includes showing that:

You were under the influence of alcohol or drugs
You had physical control of the vehicle
You were impaired at the time law enforcement made contact with you

Evidence in these cases is often circumstantial. Prosecutors might use bodycam footage, the location of your keys, the condition of the vehicle, and the officer’s testimony to build their case. Breathalyzer results or refusals, admissions you made during questioning, and field sobriety test results may also be introduced.

But circumstantial doesn’t mean certain. A skilled attorney can challenge how the officer interpreted the situation and whether you truly posed a threat to public safety at the time.

Real-World Defenses That Work

Every DUI case is unique, but in physical control DUI charges, certain defenses repeatedly prove effective. If you had no intention of driving and took steps to avoid it, that may form the basis of a strong legal defense. These defenses may include:

Not in Control of the Vehicle
If you were in the passenger seat or the back seat and the keys were far away—such as in the glovebox or trunk—your attorney may argue you were not in control of the vehicle and had no intention to operate it.

Vehicle Inoperability
If the vehicle was not drivable—such as having a dead battery, no gas, or mechanical issues—it may support an argument that you could not have driven, regardless of your level of impairment.

Lack of Probable Cause
If the officer approached your parked vehicle without legal justification, any evidence obtained may be suppressed. This includes field sobriety results, statements, and even chemical tests.

Unlawful Arrest Procedures
If your rights were violated at the time of arrest—such as improper Miranda warnings or lack of consent for testing—key evidence could be excluded.

Medical or Non-Impairment Explanations
Some symptoms of impairment (e.g., slurred speech, disorientation) may have innocent explanations, such as fatigue, illness, or medication side effects.

The Stakes: Penalties for DUI Involving Physical Control

The penalties for DUI under physical control are the same as if you were caught driving. For a first offense, this is a Class A misdemeanor punishable by:

Up to one year in jail
Fines up to $2,500
Mandatory alcohol education or treatment
Driver’s license suspension (six months if BAC is 0.08+ or longer if refused testing)

A second DUI can lead to a mandatory minimum of five days in jail or 240 hours of community service and license revocation. If you’ve had a prior felony DUI or there are aggravating circumstances—such as a child in the car or a crash—the charge may be elevated to a Class 4 felony, with prison time between 1 to 3 years.

Beyond the legal penalties, the fallout of a conviction includes sky-high insurance premiums, loss of employment, and permanent damage to your record.

Why You Need a Defense Attorney Who Understands Physical Control Cases

DUI cases involving physical control are not routine. They involve nuanced legal arguments, case-specific details, and often require cross-examination of police officers and lab technicians. A public defender may not have the time or resources to give your case the individualized attention it needs.

An experienced private attorney can:

File pretrial motions to suppress illegally obtained evidence
Challenge assumptions about your intent to drive
Subpoena dispatch logs, GPS data, and vehicle diagnostics
Negotiate with prosecutors for reduced charges or dismissal
Represent you in hearings before the Illinois Secretary of State

In short, you need someone who has defended physical control cases before—and won.

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.