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Can You Really Be Charged Without Driving in Illinois?
Understanding “Actual Physical Control” Under State Law
In a city as densely populated as Chicago, it’s not uncommon for people to use their cars as a place to rest, wait, or get out of bad weather. But what many don’t realize is that even if the car never moves, and even if you had no intention of driving, you could still face criminal charges in Illinois. This includes DUI and other serious driving-related crimes. At The Law Offices of David L. Freidberg, we routinely defend people who were arrested even though they never started the engine or left their parking space. The key lies in the legal concept of “actual physical control”—a term that carries heavy consequences under Illinois law.
Let’s unpack what it means to be in “control” of a vehicle and how people are arrested without actually driving. We’ll also explain how you can fight these charges and why having the right criminal defense attorney could be the difference between a conviction and a clean record.
Illinois Law Doesn’t Require Movement to Be Charged With DUI or Driving-Related Crimes
Illinois statutes are clear in their broad definitions. For example, 625 ILCS 5/11-501 makes it illegal to be in “actual physical control” of a vehicle while under the influence of alcohol or drugs. It does not say you have to be driving. That alone can surprise a lot of people. And law enforcement in Chicago and surrounding counties often use this language to justify an arrest when someone is found sleeping or waiting in a car after consuming alcohol.
“Actual physical control” has been interpreted by Illinois courts to mean more than just being behind the wheel. The vehicle doesn’t have to be on. The key doesn’t need to be in the ignition. It’s enough if you have the ability to operate the vehicle—and this is where things get tricky. If the keys are in your hand or nearby, or if you’re in the driver’s seat, you’re now exposed to arrest and criminal prosecution.
This means that the intent not to drive doesn’t shield you. Even if you were sleeping it off responsibly, you could still be taken into custody, booked, and charged.
Misdemeanor or Felony? It Depends on the Facts—and the Prosecutor’s Discretion
In most cases, a first-time DUI or reckless control charge will be filed as a Class A misdemeanor. That carries a maximum of 364 days in jail and a fine of up to $2,500. However, there are plenty of ways your situation could be elevated to a felony. Under 625 ILCS 5/11-501(d), Aggravated DUI includes circumstances such as driving without a valid license, having prior DUI convictions, or causing injury while in control of a vehicle—even if it wasn’t moving.
The difference between a misdemeanor and a felony is life-changing. A felony conviction can cost you the right to vote, possess firearms, work in certain professions, and live in certain housing. If you’ve been arrested under one of these broad interpretations of “control,” do not assume it’s a minor charge. You need legal defense from the very beginning.
To learn how prosecutors build these charges, read our blog post about evidence law enforcement uses in DUI cases.
Arrested in a Parked Car? You Still Face the Full Force of Illinois’ Criminal Justice System
Let’s say you were arrested for DUI while sitting in your vehicle outside a Chicago bar. You weren’t driving. Maybe you were just waiting for a rideshare or taking a break before walking home. Once police make contact, they’ll ask questions, request field sobriety tests, and may even search your vehicle.
From there, the criminal case begins. Your driver’s license could be suspended automatically under Illinois’ Statutory Summary Suspension laws, and your case could be assigned to a branch of Cook County Circuit Court. You’ll need to attend arraignment, pretrial hearings, and potentially a trial. That means prosecutors will use bodycam footage, officer testimony, and breathalyzer results to try and prove their case—even if you never moved the car.
It’s not uncommon for clients to tell us, “But I didn’t drive!” Unfortunately, the law doesn’t make that a defense by itself. You must prove that you weren’t in actual physical control, or that your arrest or testing process violated your rights.
Law Enforcement Looks for Any Evidence That You Could Operate the Vehicle
When officers can’t prove driving, they build a case based on circumstantial evidence. They may focus on your location inside the vehicle, where the keys were, whether the engine was warm, or even whether the car was parked legally. Police reports often cite signs of impairment such as slurred speech, bloodshot eyes, or alcohol odor. But all of these are subjective and can be challenged.
In many cases, the most damaging evidence comes from statements made by the accused. Admitting you were “just resting before heading home” could be interpreted as intent to drive. We advise all clients: do not speak to police without a lawyer present. Exercise your right to remain silent.
Our defense strategies often involve filing motions to suppress statements, challenging the legality of the stop, and highlighting a lack of true physical control over the vehicle.
Real Case Example: No Engine, No Movement—But Still Arrested
One of our clients was arrested in Wicker Park after falling asleep in his car following a party. The vehicle was legally parked, the engine was off, and the keys were in the back seat. A passerby called 911, and officers made contact. Despite the fact he wasn’t attempting to drive and didn’t even have the keys within reach, he was charged with DUI.
We filed a motion to suppress the evidence, arguing the officer lacked probable cause and that our client wasn’t in control of the vehicle. After presenting photos, layout diagrams, and cross-examining the officer on the stand, the judge ruled in our favor. Charges were dismissed.
This is just one of many similar scenarios we see every month in Cook, Will, DuPage, and Lake Counties.
How the Trial Process Works and Why You Need an Attorney at Every Step
The criminal trial process in Illinois is adversarial from the start. After your arrest, the State has a limited time to file formal charges. From there, you’ll go through arraignment, motion hearings, discovery, and potentially a trial. If your license was suspended due to a failed or refused breath test, you have just 90 days to request a hearing to contest it.
Each of these steps involves deadlines, legal arguments, and evidentiary standards. Having an experienced defense attorney ensures that no stone is left unturned and that you are not pressured into accepting a plea deal when there are valid defenses available.
If your arrest occurred in the Chicago area, your case could be heard in one of many local branch courts depending on where the arrest took place. We’ve defended cases in every division of Cook County and surrounding circuits, and we understand the procedures and judges that make a difference in close calls.
For an overview of how we fight DUI charges, visit our Illinois DUI defense page.
Common Legal Defenses When You Weren’t Driving
Just because you weren’t behind the wheel doesn’t mean you don’t need a defense. In fact, these cases are often more winnable—if handled properly. Possible defenses include:
- Lack of actual physical control
- No access to the keys
- Engine not running
- Unlawful police entry into your vehicle
- Improper administration of chemical tests
- Violation of constitutional rights
These defenses require detailed legal argument and proper investigation. They don’t work on their own—you need to raise them effectively with the help of counsel.
What to Ask Your Criminal Defense Attorney During Your Consultation
Your future depends on the lawyer you choose. During your free consultation, we recommend asking questions like:
- Have you handled parked car DUI or control-based charges before?
- What’s your success rate in these cases?
- Will you handle my case directly?
- Can you explain the steps in my defense process?
At The Law Offices of David L. Freidberg, we take the time to answer these questions and give you a roadmap. We don’t promise results—but we promise to fight.
Why You Should Never Face This Type of Charge Alone
It’s tempting to assume that if you weren’t driving, the charges will go away. That’s not how Illinois courts work. If you don’t aggressively defend the charges, you could wind up with a criminal record, license suspension, or worse. And if the case involves any aggravating factor—like a prior DUI, no valid license, or a parked car blocking traffic—it could become a felony.
The consequences go beyond the courtroom. A conviction can affect your job, your insurance rates, your immigration status, and even your professional license. Don’t risk that because you assumed “not driving” meant “not guilty.”
Call Now – The Law Offices of David L. Freidberg Is Ready to Help
If you’ve been charged with DUI in Chicago and have a medical condition that may have impacted your arrest or test results, call The Law Offices of David L. Freidberg for a free 24/7 consultation.
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.