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DUI Arrests on Private Property in Illinois: What Drivers in Chicago Need to Know
If you were arrested for DUI in Illinois while parked in your driveway or on a private road, you may be wondering how that’s even possible. Many people assume DUI laws only apply to public roads. But Illinois law doesn’t draw that line so clearly. In fact, DUI charges can—and do—occur on private property across Chicago, Cook County, and beyond.
As a criminal defense attorney with decades of experience defending DUI cases in Illinois, I’ve seen numerous clients arrested in apartment complex parking lots, residential driveways, and even on farmland. What you need to know is this: the physical location of the stop doesn’t always matter. What matters is whether the police believe you were impaired while in “actual physical control” of a vehicle.
And if you’re facing DUI charges after an arrest on private property, it’s critical to have a defense lawyer who understands how Illinois courts interpret these cases—and who knows how to fight them in court.
The Legal Standard: What Illinois Law Really Says
The Illinois DUI statute—625 ILCS 5/11-501—makes it a crime to drive or be in actual physical control of a motor vehicle while under the influence of alcohol, drugs, or a combination of both. The statute does not require that the offense occur on a public highway.
This has been confirmed through years of court rulings. In fact, Illinois appellate and supreme courts have upheld DUI convictions that occurred on private roads, driveways, and parking lots, so long as prosecutors could prove impairment and control of the vehicle.
What matters most under the law is whether the accused was in a position to operate the vehicle. Were you sitting in the driver’s seat with the keys in the ignition? Was the engine running? Were you parked in a manner that suggested you intended to drive—or had just driven? These are the kinds of questions police and prosecutors will ask, no matter where the arrest took place.
Common Scenarios That Lead to DUI Arrests on Private Property
You don’t have to be weaving down Lake Shore Drive to be arrested for DUI. In fact, some of the most common private property DUI cases in Illinois involve situations like these:
A person is found asleep behind the wheel of a running vehicle parked in a residential driveway.
An officer observes someone pull into a gated parking lot after allegedly driving erratically.
A 911 call leads police to a private road or lot where the vehicle is running and the driver appears impaired.
An individual is pulled over while driving within a private subdivision that maintains its own roads.
In each of these scenarios, if the officer observes signs of impairment—bloodshot eyes, slurred speech, the smell of alcohol—they may initiate field sobriety testing and make an arrest. The location doesn’t shield you from prosecution.
What the Courts Say About Private Property and DUI Law
Illinois courts have consistently held that DUI laws apply even in places that aren’t public roadways. While some states limit DUI enforcement to public areas, Illinois does not. This interpretation was affirmed in cases like People v. Cummings, where the court upheld a DUI conviction for a defendant arrested in a private lot, reasoning that the risk of impaired driving exists regardless of whether the road is public or private.
This makes sense when you think about the purpose of DUI laws—to protect people from impaired drivers, regardless of where the vehicle is located. If you’re impaired and in control of a car, you’re considered a risk, even if you’re in your own driveway.
Still, the burden is on the prosecution to prove actual physical control and impairment. That’s where a skilled defense attorney can make all the difference.
Actual Physical Control: A Critical Element in Private Property DUI Cases
In cases where there’s no actual driving observed, prosecutors must rely on the concept of “actual physical control.” Illinois courts have defined this as having the capability and readiness to operate the vehicle, even if you didn’t actually drive it.
Factors that courts consider when determining physical control include:
- Whether you were in the driver’s seat
- Whether the engine was on
- Whether the keys were in the ignition or within reach
- The location of the vehicle
- Whether you were alone in the car
This concept becomes the centerpiece of most DUI cases that occur on private property. The prosecution will attempt to show that you were positioned to drive, regardless of whether you did or not.
If you were in the back seat sleeping, with the keys in your pocket and the engine off, your attorney may be able to argue that you were not in actual physical control—and that the charges should be dismissed.
Challenging DUI Charges from Private Property Arrests
Just because you were arrested on private property doesn’t mean you’re guilty—or that the case against you is strong. DUI cases often rely heavily on circumstantial evidence and officer interpretation. That creates room for legal defense, especially in cases without chemical testing or video evidence.
Some defenses your attorney may explore include:
- Arguing there was no probable cause for the officer to enter the private property or approach your vehicle
- Challenging whether you were in actual physical control of the vehicle
- Questioning the credibility or accuracy of the officer’s report
- Highlighting medical or environmental reasons for alleged signs of impairment
- Contesting the legality of the traffic stop, if any driving was observed
In addition, your lawyer can file a Petition to Rescind Statutory Summary Suspension to challenge the automatic license suspension that follows a failed or refused breath test.
Every element of the arrest can be scrutinized. If the officer didn’t follow proper procedures, if the evidence is weak, or if there are doubts about physical control, your case may be defensible.
The Penalties for DUI in Illinois—Even on Private Property
DUI charges in Illinois carry serious consequences, no matter where the alleged offense took place. For a first offense, you could face:
- Up to 364 days in jail
- Fines up to $2,500
- Mandatory minimum license suspension of one year
- Court-ordered alcohol education or treatment
- Supervision, probation, or in some cases, a permanent conviction
For subsequent offenses or cases involving aggravating factors—like a high BAC, an accident, or a minor passenger—the penalties increase. You could be facing felony charges under 625 ILCS 5/11-501(d), which carry longer prison terms, higher fines, and extended license revocations.
If your case involved no movement of the vehicle and occurred on private property, your attorney may be able to negotiate for court supervision or reduced charges. But without legal representation, you risk conviction and all the consequences that come with it.
Don’t Assume the Case Is Minor—Call a DUI Lawyer Immediately
One of the biggest mistakes people make is thinking a private property DUI arrest won’t be taken seriously. They assume that because they weren’t on a public road, the court will dismiss the case. Unfortunately, that’s rarely how it works.
Prosecutors in Cook County are trained to pursue DUI cases aggressively. Even if you weren’t on a street or highway, they will argue that you posed a danger and were legally in control of a vehicle.
That’s why having a defense attorney is so important. From reviewing the arrest to building a defense strategy, your lawyer is your best chance at protecting your record, your license, and your future.
How The Law Offices of David L. Freidberg Can Help
At The Law Offices of David L. Freidberg, we understand how frustrating and confusing DUI charges can be—especially when they happen on private property. You weren’t on the road. You didn’t harm anyone. But suddenly, your future is at risk.
We’ve helped countless clients throughout Chicago, Cook County, DuPage County, Will County, and Lake County fight DUI charges, and we know how to challenge the assumptions prosecutors make in these cases.
We offer 24/7 availability, free consultations, and a defense strategy built around your specific facts. Whether your goal is to get the charges dismissed, reduce penalties, or fight for supervision, we’re ready to help.
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.