Can You Be Arrested for DUI in Chicago if the Engine Was Off?

As a Chicago DUI Defense Lawyer, I have handled thousands of DUI cases throughout Cook County, DuPage County, Will County, and Lake County, and one of the most common questions I hear is: Can you really be arrested for DUI if your engine wasn’t running?
The answer under Illinois law might surprise you.

Illinois courts have consistently ruled that you can be charged and convicted of Driving Under the Influence even if your vehicle was not moving at the time of the arrest. Under 625 ILCS 5/11-501, the law prohibits being in “actual physical control” of a vehicle while under the influence of alcohol or drugs. “Actual physical control” doesn’t require that the car be moving or even running. Having the keys in the ignition, sitting in the driver’s seat, or being capable of starting the vehicle may be enough to support a DUI arrest in Illinois.

In Chicago, police patrol units often find drivers asleep behind the wheel in parking lots, on shoulders, or outside nightclubs in neighborhoods like Wrigleyville, River North, or Lincoln Park. If an officer suspects intoxication, you could face arrest—even with the keys out of the ignition. Prosecutors will argue that your access to operate the vehicle created potential danger, making you “in control.”

That’s why these cases must be handled carefully by an experienced Chicago DUI defense attorney who knows local courts, judges, and how Cook County prosecutors apply the statute. A conviction carries lasting penalties, including loss of driving privileges, steep fines, and a permanent criminal record that can affect your career, insurance rates, and reputation.

Understanding Illinois DUI Law and What “Actual Physical Control” Means

Under 625 ILCS 5/11-501(a), a person commits DUI if they operate or are in actual physical control of a motor vehicle while:

The alcohol concentration in their blood or breath is 0.08 or greater,
Under the influence of alcohol or other intoxicating compounds,
Or impaired by a combination of alcohol and other drugs.

The phrase “actual physical control” has been debated in Illinois courts for decades. Judges have ruled that factors such as location of the keys, whether the driver was in the driver’s seat, and the person’s intent all play a role. For example, in People v. Cummings, the Illinois Appellate Court found a defendant guilty even though his engine was off because he was behind the wheel with the keys in his pocket, showing immediate ability to drive.

Even if your car was parked, prosecutors can claim you “could have” started it. This interpretation often leads to unjust arrests, especially for drivers who responsibly decided to “sleep it off.” The Illinois Secretary of State still treats these cases as serious traffic offenses that can result in license suspension or revocation.

In Chicago, officers frequently make these arrests outside bars, on residential side streets, or near expressway exits. The problem is that many people believe they are acting responsibly by pulling over. Unfortunately, Illinois law gives officers wide discretion to decide what constitutes “control.”

That’s why defense strategy must focus on the facts: Were you actually operating the car? Were the keys accessible? Was the car legally parked and turned off for hours? These details can make the difference between dismissal and conviction.

How a DUI Investigation and Arrest Begin in Chicago

In most Illinois DUI cases, law enforcement initiates contact through a traffic stop or wellness check. When a person is found asleep or sitting in a parked car, officers will typically tap on the window, request identification, and look for signs of intoxication. The smell of alcohol, bloodshot eyes, or slurred speech may trigger a full investigation.

The officer might request field sobriety tests or a preliminary breath test. If they determine probable cause exists, they will arrest the driver—even if the engine was off. Your car could be towed, and you will likely be transported to the nearest Chicago Police District Station or Cook County Sheriff’s facility for chemical testing.

After arrest, you’ll face two separate legal proceedings:

A criminal charge for DUI in the Circuit Court of Cook County,
An administrative suspension of your driver’s license by the Illinois Secretary of State.

Even a first-time misdemeanor DUI can carry penalties including up to 364 days in jail, fines up to $2,500, mandatory alcohol evaluation, treatment, community service, and license suspension for up to a year. Aggravating factors—such as prior DUIs, a child passenger, or injuries—can elevate the charge to a felony punishable by up to 3 or 7 years in prison.

Because Illinois categorizes multiple DUIs as Class 2 or Class 4 felonies, a conviction can permanently alter your life. The record cannot be sealed or expunged.

Example: A Realistic Chicago Case and Defense Strategy

Consider a typical case that began near Humboldt Park. A man decided not to drive home after a night out. He reclined in his car with the heater on. A patrol officer approached, noticed condensation on the windows, and woke him up. Even though the engine was off and the keys were on the passenger seat, the officer arrested him for DUI.

At trial, the defense focused on control. Through cross-examination, we showed the car battery was dead, the keys weren’t in the ignition, and the client had arranged for a rideshare pickup. Surveillance footage confirmed the vehicle had not moved for hours. The judge dismissed the charge, ruling the state failed to prove “actual physical control.”

This case illustrates why each fact—key location, vehicle position, temperature, and witness statements—matters. Small details can dismantle the prosecution’s assumption that you were about to drive. As a Chicago DUI defense lawyer, I use investigators and forensic experts to recreate events and demonstrate the absence of control.

Types of Evidence Prosecutors Use in Illinois DUI Cases

In Illinois, prosecutors rely heavily on physical and testimonial evidence. Common evidence includes:

Police body-cam and dash-cam footage showing the driver’s demeanor, location, and key placement.
Chemical test results from breath, blood, or urine.
Field sobriety test observations, though subjective, often become central.
Witness testimony, including from other motorists or pedestrians.
Statements made by the accused, even casual comments like “I’m fine to drive.”

In a parked-car DUI, the prosecution’s entire case may rest on circumstantial evidence: engine warmth, keys nearby, or the driver sitting in the front seat. A strong defense challenges each assumption, often exposing inconsistencies in police reports or testing procedures.

Our office frequently works with forensic toxicologists to question whether the defendant’s blood-alcohol concentration truly reflected impairment at the time of alleged control. The Illinois State Police forensic labs and the Chicago Police Department’s Forensic Services Division are required to follow strict calibration protocols. Any deviation can lead to suppression of results.

The Criminal Court Process in Illinois DUI Cases

A DUI arrest begins with a bond hearing, followed by an arraignment where charges are formally read. The case then enters pretrial discovery, during which both sides exchange evidence. Defense motions—such as to suppress the arrest, challenge probable cause, or exclude chemical tests—are critical steps.

If pretrial motions fail, the case proceeds to a bench or jury trial in the Circuit Court of Cook County. During trial, the prosecutor must prove every element of DUI beyond a reasonable doubt, including that you were in actual physical control while intoxicated. Defense counsel can cross-examine officers, present expert witnesses, and introduce exculpatory evidence.

If convicted, sentencing will depend on prior history, level of impairment, and aggravating circumstances. However, many cases can be resolved through negotiated pleas to lesser offenses such as reckless driving under 625 ILCS 5/11-503, which may spare your record from a DUI conviction.

Having a seasoned Chicago criminal defense attorney at each stage ensures evidence is reviewed properly and your constitutional rights are fully protected.

Possible Legal Defenses When the Engine Was Off

Every DUI case is fact-specific, but common defenses when the engine was off include:

No actual control: The vehicle was parked, engine off, and keys inaccessible.
Improper police contact: Officers lacked reasonable suspicion to initiate the encounter.
Faulty testing procedures: Breath or blood tests were improperly administered.
Lack of intent to drive: The defendant clearly sought to avoid driving, such as sleeping in a safe location.
Unlawful arrest: Insufficient probable cause for a custodial arrest.

Illinois law allows suppression of evidence if officers violate your Fourth Amendment rights. Once key evidence is excluded, prosecutors often have no case.

A skilled defense lawyer can also negotiate for court supervision, a unique Illinois disposition that prevents a permanent conviction if all terms are completed successfully. For first-time offenders, this can protect your record and allow reinstatement of driving privileges.

Why You Need a Chicago Criminal Defense Lawyer

Facing DUI charges in Chicago—even if your car wasn’t moving—should never be taken lightly. Prosecutors treat these cases aggressively because of public safety concerns. Without proper legal representation, you risk losing your license, paying thousands in fines, and possibly serving jail time.

An experienced Chicago criminal defense lawyer will:

Examine every detail of your arrest.
File motions challenging illegal stops and testing errors.
Negotiate for reduced penalties or dismissal.
Protect your driving privileges with the Secretary of State.
Represent you in both criminal and administrative hearings.

Having counsel familiar with Cook County courts—from 26th and California to Daley Center—can significantly influence case outcomes. Local experience matters.

Why Choose The Law Offices of David L. Freidberg

At The Law Offices of David L. Freidberg, we’ve defended DUI and criminal cases throughout the Chicago metropolitan area for decades. Our firm is known for strategic preparation, relentless cross-examination, and deep understanding of Illinois law. Whether your case originates in Cook, DuPage, Will, or Lake County, our priority is to protect your freedom and future.

We understand how a single mistake or misunderstanding can lead to a life-changing charge. Our goal is not just to defend your case—it’s to ensure your rights are upheld and your record preserved whenever possible.

You can call us 24/7 for a free consultation at (312) 560-7100 or toll-free at (800) 803-1442. We serve clients across the greater Chicago area, including Evanston, Oak Park, Cicero, Skokie, Schaumburg, and Aurora.

Chicago DUI Defense FAQs

Can I still be charged if I was parked legally and asleep?
Yes. Illinois courts have upheld DUI arrests where drivers were sleeping in parked vehicles. The issue isn’t movement—it’s “control.” However, a good defense can argue you were taking safe precautions, not intending to drive.

Is DUI with the engine off treated as a misdemeanor or felony?
A first or second DUI is typically a Class A misdemeanor, but factors like prior convictions, accidents, or children in the car can elevate it to a felony under 625 ILCS 5/11-501(d).

Can police force me to take a breath test if the car was off?
Officers can request testing once they have probable cause. Refusal triggers a statutory summary suspension of your driver’s license under 625 ILCS 5/11-501.1, even if you weren’t driving.

Will I lose my license automatically?
Yes, unless you request a judicial hearing within 90 days of arrest to contest the suspension. An attorney can file this petition and fight the evidence used against you.

What happens at the first court date in Cook County?
You’ll appear before a judge for arraignment. The charge is read, and a plea is entered. Your attorney will request discovery, review police reports, and prepare pretrial motions.

What are the penalties for a DUI conviction in Illinois?
For a first offense, penalties can include up to 1 year in jail, fines up to $2,500, alcohol education, community service, and suspension of your driver’s license for 1 year. Felony DUIs carry prison terms and mandatory revocation.

Can my case be reduced to reckless driving?
Yes. A skilled attorney can negotiate a plea to reckless driving, especially if your blood alcohol content was borderline or there were procedural flaws.

How long will a DUI stay on my record?
Indefinitely. Illinois does not allow DUI convictions to be expunged or sealed. However, if you receive court supervision, the record remains non-conviction and can be dismissed after successful completion.

What evidence can be suppressed in a DUI case?
Improperly obtained statements, uncalibrated breath tests, or evidence seized during an unlawful stop can be suppressed. This often leads to dismissal or reduced charges.

Why should I hire a private attorney instead of using a public defender?
Private counsel can dedicate more time to investigation, motion practice, and trial preparation. At The Law Offices of David L. Freidberg, you have direct access to your attorney at all times—critical when your freedom and record are at stake.

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.