Parked But Prosecuted: Can You Get a DUI Without Driving?

 Posted on June 25, 2025 in DUI

Most of us associate DUI charges with behaviors like swerving across lanes and then failing a breathalyzer after being pulled over. In the state of Illinois, you can face DUI charges even if you were not actually driving. Simply sitting or sleeping in your parked vehicle while you are under the influence can result in serious legal consequences.

So, finding out that you are being arrested for DUI can feel very unfair. If you have been charged with DUI as a result of being in a parked car, it is a good idea to speak to an experienced Arlington Heights, IL DUI lawyer who can discuss the legal nuances of DUI charges when no driving has taken place.

What Does "Actual Physical Control" Mean Under Illinois Law?

Illinois 625 ILCS 5/11-501 mentions "actual physical control" but fails to define the term precisely. Illinois courts have ruled that actual physical control means the person is inside the vehicle and in a position to operate it. This includes the following:

• The driver is in the driver’s seat.
• The keys to the vehicle are either in the ignition or within easy reach of the driver.
• The vehicle is capable of movement and is not disabled (flat tire, dead battery, etc.).
• The driver has the ability to start and operate the vehicle.

The "actual physical control" standard is relatively easy to meet. A person who pulls over, turns off the car, reclines his or her seat, and falls asleep with the keys either in the ignition or within easy reach could potentially be cited for DUI. Even if no instance of bad driving is witnessed, if the person could drive the car and exhibits other signs of impairment, he or she could end up facing DUI charges.

What Other Evidence is Required to Charge a Stopped Driver with DUI?

The police officer may request that the driver engage in field sobriety tests and may ask the driver to take a breathalyzer or a chemical test. Refusal of these tests can result in an automatic driver’s license suspension. The officer may present body camera footage, their own observations, and lab reports at trial to demonstrate that the person is guilty of DUI.

What Are the Penalties for DUI When the Vehicle Is Not Moving?

Unfortunately, the penalties for a DUI when the vehicle is not moving are exactly the same as when the vehicle is moving. A first-time DUI in Illinois is usually charged as a Class A misdemeanor.

A conviction can result in up to one year in jail, fines as large as $2,500, a mandatory driver’s license suspension, court-ordered drug and alcohol education or treatment, the possibility of having an ignition interlock in the driver’s vehicle, and increased car insurance for many years.

A second, third, or subsequent DUI charge can result in enhanced penalties and could be charged as a felony offense. With DUIs on a person’s record, it can be difficult to obtain employment, rent a home, obtain a federal loan to attend college, or even obtain a professional license.   

Are There Legal Defenses for Physical Control DUI in Illinois?

The biggest challenge for the prosecutor in a DUI case where the car was not moving is proving intent. The defense attorney may assert that there was no intent to operate, and the driver had no plans to drive. Perhaps the driver was asleep in the back seat, and the keys were out of his or her reach. Or perhaps the driver had contacted a rideshare. Other defenses include:

• The vehicle was not operational.
• There was no probable cause for the police officer to approach the parked car.
• The field sobriety tests were not properly conducted.
• There are reasons the breathalyzer is not accurate.

Contact a Rolling Meadows, IL DUI Lawyer

If you are facing DUI charges, you need a strong legal advocate in your corner. An Arlington Heights, IL DUI attorney from Scott F. Anderson, Attorney at Law can ensure you receive a strong defense. With more than 25 years of experience practicing criminal law, both as a prosecutor and now as a criminal defense lawyer, Attorney Anderson understands what you are up against. Call 847-253-3400 to schedule your free consultation.