Why Sitting in the Driver’s Seat Can Still Lead to Criminal Charges in Illinois

You Don’t Have to Be Driving to Be Charged With DUI in Chicago

You may think you did the responsible thing—leaving the bar, walking to your car, and deciding to sit and sober up before going home. But in Chicago and throughout Illinois, sitting in the driver’s seat while under the influence can still get you arrested for Driving Under the Influence (DUI). It happens far more often than most people realize, and unfortunately, the consequences are just as serious as if you had been caught weaving through traffic.

At The Law Offices of David L. Freidberg, we’ve represented many clients arrested in situations just like this. They weren’t driving. Some were sleeping. Others were waiting for a ride. And still, they were taken into custody, charged with DUI, and suddenly facing fines, license suspension, and even the possibility of jail time.

This blog will help you understand why Illinois law allows this type of prosecution, what the term “actual physical control” means, what legal defenses may apply, and why you should never face this type of charge without an experienced DUI defense attorney on your side.

The Law in Illinois: 625 ILCS 5/11-501 and Actual Physical Control

Illinois DUI laws are strict and broadly written. Under 625 ILCS 5/11-501(a), it’s illegal for a person to “drive or be in actual physical control of any vehicle” while under the influence of alcohol, drugs, or intoxicating compounds.

That phrase—actual physical control—is the key. It allows police and prosecutors to charge someone with DUI even if the vehicle wasn’t moving. Courts have consistently ruled that if you’re in the driver’s seat and the keys are accessible, it can be enough to prove control.

There is no requirement under Illinois law that the officer witness you driving. You don’t need to have the engine running. You don’t need to be moving. If police believe you had the ability to start the vehicle and drive away, they can argue that you were in violation of the law.

This is especially common in Chicago neighborhoods like Logan Square, West Loop, and Hyde Park—areas with dense parking and active nightlife. Police patrol these areas and often approach parked vehicles with occupants inside, particularly late at night. If they see someone in the driver’s seat and suspect intoxication, the encounter can quickly escalate to a DUI arrest.

What Happens During a DUI Arrest When You’re Not Driving

Here’s how these cases typically unfold: An officer sees someone sitting in a parked car, often in a lot or on the side of the road. The officer knocks on the window to “check welfare.” If the driver appears intoxicated—slurred speech, odor of alcohol, bloodshot eyes—the officer may begin a DUI investigation.

Field sobriety tests may be conducted on the spot. A portable breath test may be requested. If the officer believes there is probable cause, the person is arrested and transported to the station for further chemical testing.

Even if you explain that you had no intention of driving, that you were just resting or waiting, police may still proceed with an arrest. And once you’re charged, the case enters the court system just like any other DUI.

These charges can result in:

• A Class A misdemeanor for a first offense, with penalties up to 1 year in jail, $2,500 in fines, and driver’s license suspension
• A Class 4 felony for a repeat offense or if aggravating circumstances exist (prior DUIs, no insurance, child in vehicle)
• Permanent criminal record if convicted
• Higher insurance rates, employment consequences, and immigration issues for non-citizens

An Example Case: Fighting a DUI Arrest in a Parked Car

One of our former clients was arrested in suburban Cook County. He had gone out with friends in Chicago, realized he was too impaired to drive home, and decided to sleep in his vehicle. He got in the back seat, turned on the heater briefly, then fell asleep. Hours later, a patrol officer spotted the vehicle, tapped on the window, and eventually arrested him for DUI.

The prosecution argued that because the keys were in the ignition and the vehicle was running earlier, the client had actual physical control. But our defense focused on the location of the client in the back seat, the absence of intent to drive, and the fact that he never moved the car. We filed a motion to suppress the evidence based on improper police contact, and the judge ultimately dismissed the case.

This isn’t just luck—it’s strategy, and it’s based on understanding every aspect of Illinois criminal law, court procedure, and constitutional protections.

Defenses to DUI Charges When the Car Wasn’t Moving

If you’re facing this type of DUI, don’t assume you have no defense. There are several arguments that may apply depending on the facts of your case:

• You were not in actual physical control: If you were in the passenger or back seat and the keys were not in the ignition, the state may have a hard time proving control.
• No intent to drive: If you clearly intended to avoid driving and took steps to rest safely, that can support a defense.
• Illegal stop or seizure: Police must have a lawful reason to approach and investigate. If they did not, we may file a motion to suppress.
• Improper chemical testing: Breathalyzer machines must be properly maintained and administered. If not, test results may be thrown out.
• Fourth Amendment violations: If your rights were violated during arrest or questioning, key evidence may be excluded.

Every case is different. That’s why we take time to investigate all the facts, obtain police bodycam footage, review chemical test logs, and prepare the strongest possible strategy to fight the charges.

Why You Need Legal Help—and Why Fast Action Matters

A DUI conviction in Illinois cannot be expunged. Once it’s on your record, it stays there. That can impact your job, your license, your ability to travel, and your personal life. Even a plea deal can include license suspension, mandatory classes, and fines.

You need an attorney from the start. One who doesn’t just negotiate, but investigates, files motions, and challenges the case in court if necessary. At The Law Offices of David L. Freidberg, we’ve been defending DUI clients for decades, including those arrested while not actively driving. We know what works in Cook County, DuPage County, Will County, and Lake County courts. And we take each case personally.

What to Ask a DUI Lawyer During Your Free Consultation

Here’s what you should be asking any attorney you speak to:

• How often do you handle DUI cases involving parked vehicles?
• Have you successfully argued motions to dismiss based on lack of physical control?
• What will your defense strategy be in my case?
• How will you keep me informed during the process?
• What are the best and worst-case scenarios?

We answer all of those and more during your consultation, which is always free. You deserve clarity and confidence, not pressure or guesswork.

Call Now – The Law Offices of David L. Freidberg Is Ready to Help

If you’ve been arrested for DUI while sitting in your vehicle—whether parked, sleeping, or waiting for a ride—don’t assume the charges are minor or will be dropped automatically. Prosecutors take these seriously, and so should you. We take the time to review the evidence, identify weaknesses in the state’s case, and fight for dismissal or reduction of charges whenever possible.

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.