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Can You Be Arrested for Drunk Driving if the Engine Was Off?
The Surprising Reality of Illinois DUI Arrests Without Driving
In Chicago, the streets are often filled with drivers trying to do the right thing after a night out—some deciding to park their car and rest before heading home. Unfortunately, that responsible decision can still lead to an arrest. Under Illinois law, the police do not need to see you drive to charge you with Driving Under the Influence under 625 ILCS 5/11-501. The statute applies to anyone who is in actual physical control of a vehicle while impaired, whether or not the car is moving or even turned on.
“Actual physical control” is interpreted broadly by Illinois courts. If you were sitting in the driver’s seat, had the keys in your pocket or within reach, or the vehicle was operable, officers may consider you capable of driving. It doesn’t matter if the engine was off or if you had no plans to go anywhere.
I’ve seen many of these cases in Chicago and throughout Cook County. Officers routinely patrol areas near bars in River North, Lakeview, or Lincoln Park and spot parked vehicles with people inside. What starts as a “welfare check” can quickly escalate into a full DUI arrest. The reasoning is that if you have the ability to operate the vehicle, you’re a risk to public safety—even if you made the responsible choice to pull over.
What Illinois Law Says About “Actual Physical Control”
The Legal Foundation of a Parked Car DUI
Illinois DUI law, specifically 625 ILCS 5/11-501(a), makes it illegal to be in actual physical control of a vehicle while under the influence of alcohol, drugs, or any intoxicating compound. The state’s courts have interpreted this to include situations where the driver was simply present in the car and capable of driving, even if they didn’t.
The key issue becomes whether the driver had the intent and ability to control the vehicle. Courts have held that intent can be inferred from circumstantial evidence—where the driver was sitting, where the keys were, and whether the car could start.
For example, Illinois appellate courts have upheld convictions where defendants were found sleeping in the driver’s seat with the keys in the ignition, even if the engine was off. On the other hand, some defendants have successfully fought their charges by proving they weren’t in the driver’s seat or that the keys were stored far away from the ignition.
This gray area means each case must be examined carefully. The difference between conviction and dismissal often rests on small factual details—details an experienced Chicago DUI attorney knows how to highlight in your favor.
How the Arrest Process Happens in “Engine-Off” DUI Cases
From Parking Lot to Police Custody in Minutes
An officer might approach your parked vehicle late at night to check on your welfare or investigate a report of a suspicious car. Even if you haven’t committed a traffic violation, once the officer smells alcohol or sees open containers, the situation changes.
Police may question you about drinking, ask where you’ve been, and request that you exit the car for field sobriety tests. If you appear unsteady or fail the tests, an arrest often follows.
Under Illinois’ implied consent law (625 ILCS 5/11-501.1), anyone in actual physical control of a vehicle is considered to have consented to chemical testing. Refusing a test can lead to an automatic license suspension—even before a court conviction.
Once arrested, you’ll be taken to a local district or the Cook County Jail, booked, and given a court date. Even if the prosecutor can’t prove driving, they may still pursue the case aggressively to send a message about impaired behavior around vehicles.
This is where legal representation becomes crucial. Without an attorney to challenge the arrest’s legality, test procedures, and probable cause, a simple misunderstanding can become a criminal record.
A Chicago Case Example: Sleeping in a Parked Car on the South Side
A Fictional Example Based on Common Scenarios
A man parked near his apartment in Bronzeville after realizing he had too much to drink. Wanting to stay safe, he decided to sleep in his car. He shut off the engine, locked the doors, and kept his keys in the center console.
A Chicago police officer, seeing someone motionless inside a car, knocked on the window. Smelling alcohol, the officer questioned the man and ordered him out of the car. Although the vehicle hadn’t moved, the officer arrested him for DUI, claiming he was “in actual control” of the car.
At trial, I argued that the defendant was exercising good judgment, not attempting to drive. The keys were not in the ignition, and the officer had no evidence that the car was ever started. We filed a motion to suppress the arrest, arguing the officer lacked reasonable suspicion of a crime. The judge agreed, and the charges were dismissed.
This scenario happens often in Chicago, and it demonstrates the importance of context and factual precision in DUI defense. Good intentions can easily be misinterpreted by law enforcement without the right legal defense.
The Criminal Case Process in Illinois
From First Court Appearance to Resolution
After an arrest, you’ll receive a Notice of Statutory Summary Suspension, which means your driver’s license will automatically be suspended 46 days after arrest unless your attorney files a petition to rescind.
The criminal case itself begins with an arraignment, where formal charges are read. Pretrial motions and hearings follow, where your attorney can challenge the legality of the stop or testing procedures. If evidence was unlawfully obtained, it can be thrown out under the Fourth Amendment and Article I, Section 6 of the Illinois Constitution.
If your case proceeds to trial, the prosecution must prove guilt beyond a reasonable doubt. This burden includes proving that you were under the influence and in actual control of the vehicle. A skilled defense attorney will cross-examine the arresting officer, question their assumptions, and present your side of the story.
Many DUI cases resolve through negotiation for reduced charges, such as reckless driving (625 ILCS 5/11-503), which avoids the harsh penalties of a DUI conviction.
At every step, your attorney plays a vital role—protecting your rights, reviewing evidence, and ensuring the legal system doesn’t treat you unfairly.
Penalties and Long-Term Consequences
How a Parked Car DUI Impacts Your Future
A first DUI offense is a Class A misdemeanor, punishable by up to one year in jail, fines up to $2,500, and potential license suspension. A second offense within five years carries mandatory jail time or community service.
If you have prior DUI convictions, cause injury, or were driving with a revoked license, the charge can become a Class 2, 3, or 4 felony. Penalties include multi-year prison sentences, thousands in fines, and permanent revocation of driving privileges.
A conviction also affects your criminal record permanently. Employers, landlords, and professional licensing boards can see it during background checks. For CDL holders, even an off-duty parked car DUI can destroy a commercial driving career.
Beyond the legal penalties, the social and professional fallout can be severe. Insurance rates skyrocket, and many people find it difficult to secure future employment in sensitive professions.
Common Defenses for Engine-Off DUI Charges
How a Defense Lawyer Can Protect You
Several legal defenses can apply in these cases, depending on the facts. One is lack of actual physical control—you weren’t in the driver’s seat, or the keys weren’t accessible. Another involves lack of probable cause for the initial police contact. If the officer had no valid reason to approach your car, the arrest could be unlawful.
Your attorney may also challenge the validity of breath or blood test results, which require strict adherence to Illinois Department of Public Health regulations. Any failure to follow those procedures can result in suppression of evidence.
A defense based on intent is also effective. You may have decided not to drive and instead sleep safely, demonstrating a lack of intent to operate the vehicle.
The key to success is detailed investigation. Reviewing dashcam footage, police reports, and bodycam evidence often exposes flaws that can lead to dismissal or reduction of the charge.
Why You Need a Chicago DUI Defense Attorney
The Value of Experience and Legal Knowledge
Attempting to fight a DUI charge on your own is one of the biggest mistakes you can make. The prosecutor’s job is to secure a conviction, not to consider your good intentions.
At the Law Offices of David L. Freidberg, I take immediate action to protect clients’ rights, starting with challenging the suspension and investigating the arrest. I handle every stage personally—from bond hearings to trial—because each phase of a DUI case requires legal precision.
Having defended hundreds of clients throughout Cook County, DuPage County, Will County, and Lake County, I understand how prosecutors build their cases and how to expose weaknesses in their assumptions.
My goal is always to protect your record and your future. Whether that means negotiating for dismissal, securing court supervision, or fighting the case at trial, my firm provides the defense you need when everything is on the line.
Chicago DUI Defense FAQs
Can I be charged with DUI if my car wasn’t moving?
Yes. Under 625 ILCS 5/11-501, the law applies to anyone in “actual physical control” of a vehicle while impaired. Police don’t need to see you drive.
What determines if I was in control of the car?
Factors include your location in the vehicle, whether the keys were accessible, and if the car was operable. Sitting in the driver’s seat with keys nearby can be enough.
If I was sleeping in the back seat, can I still be charged?
It’s less likely, but not impossible. The defense would argue you weren’t in control because you were not in the driver’s seat and the keys weren’t reachable.
Can I refuse a breath test if the engine was off?
You can refuse, but Illinois’ implied consent law still applies. That means your license can be suspended even if you weren’t driving.
Can I fight a DUI if I was just trying to be safe?
Yes, and many people do. The court may consider your intent, but you need legal counsel to present the facts effectively.
How can a DUI affect my job or license?
A conviction can result in suspension or revocation of your license and can appear on background checks. For commercial or professional license holders, it can be career-ending.
Where are DUI cases heard in Chicago?
Most are handled in the Cook County Circuit Court—either at 555 W. Harrison or 26th and California, depending on the severity of the charge.
Why hire The Law Offices of David L. Freidberg?
Because I have decades of experience fighting DUI charges in Chicago, and I know how to challenge every part of the state’s case—from police conduct to breathalyzer reliability. Every client receives direct attorney representation.
When You Need a Fighter, Call Us!
If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling criminal, DUI, and traffic 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.