The Law in Illinois: You Don’t Need to Be Driving to Be Charged

Understanding How Chicago Police and Illinois Prosecutors Charge People Without Actual Driving

Chicago is one of the busiest cities in America, and like much of Illinois, it operates under aggressive policing tactics and wide prosecutorial discretion. You might assume that if you weren’t actually driving a vehicle, you couldn’t be charged with a driving-related offense. That assumption can cost you your freedom, your job, and your future. At The Law Offices of David L. Freidberg, we represent clients throughout Chicago and the surrounding counties who find themselves arrested under Illinois law—even when they weren’t technically “driving.”

The truth is that Illinois criminal statutes allow prosecutors to pursue charges based on “actual physical control” of a vehicle or other circumstantial factors, especially in cases like DUI or leaving the scene of an accident. Charges under 625 ILCS 5/11-501 and related statutes can apply even when the keys never left your pocket.

In Illinois, crimes are classified as either misdemeanors or felonies. Misdemeanors are less serious offenses, punishable by up to one year in county jail, while felonies can lead to years in state prison. When charged with DUI or certain reckless driving offenses, the penalties depend not just on whether you were “driving,” but on your level of impairment, any prior record, and whether an accident or injury occurred.

Visit our blog on recent DUI strategies or explore our main DUI defense practice page to understand more about what prosecutors try to prove in these cases.

Illinois Statutes Allow Charges Without Actual Driving

Illinois law doesn’t require prosecutors to prove you were actively driving a vehicle to bring certain criminal charges. For example, under 625 ILCS 5/11-501(a), a person commits DUI when they are in “actual physical control” of a vehicle while under the influence of alcohol or drugs. Courts have interpreted “actual physical control” broadly, meaning if you are sitting in your car, even parked, with access to the keys, you may be arrested.

This is particularly important in urban areas like Chicago where individuals often sleep off intoxication in their vehicles, mistakenly believing this to be a safe and legal alternative to driving drunk. In reality, officers can and do arrest people who are seated in the driver’s seat, even with the engine off.

Other offenses that don’t require movement of a vehicle include:

Reckless Driving (625 ILCS 5/11-503)
Aggravated DUI (Class 4 felony or higher depending on injuries, 625 ILCS 5/11-501(d))
Leaving the Scene of an Accident (625 ILCS 5/11-402, 11-403)

Each of these offenses has varying levels of severity. For example, a first-time DUI is generally a Class A misdemeanor, but if bodily injury occurs, it can escalate to a felony. Reckless driving is also a Class A misdemeanor but can be upgraded to a felony if serious injury or death results.

Understanding how Illinois defines “control” is critical. Courts look at totality of circumstances—location of the keys, whether the engine was on, whether you were in the driver’s seat, and intent to drive. These facts are all open to interpretation, and police officers often make assumptions that result in charges even when you had no plan to drive.

How Illinois Criminal Cases Begin and What You Can Expect

Criminal charges in Illinois begin either with a police arrest or a formal complaint filed by a prosecutor. If you’re accused of a DUI while parked, the case usually begins when a passerby, officer, or witness calls 911 to report a suspicious vehicle. Once police arrive and begin questioning you, the criminal process begins—even if you never moved the vehicle an inch.

Officers may request you take a field sobriety test or a chemical test (blood, breath, or urine). If you refuse, that refusal can be used against you in court and may result in a statutory summary suspension of your license under 625 ILCS 5/11-501.1.

Once you’re arrested, you’ll be taken to the police station, booked, and released on bond or held for a bail hearing. From there, the case proceeds through the pretrial process, which includes discovery, motion hearings, and potentially trial.

Penalties depend on the specific charge, whether it’s a misdemeanor or felony, and your past criminal history. For example:

Class A Misdemeanor (first-time DUI): Up to 364 days in jail and $2,500 fine
Class 4 Felony (Aggravated DUI with no valid license): 1–3 years in prison
Class 2 Felony (Leaving Scene of Accident involving Death): 3–14 years

Beyond court penalties, you face license suspension, skyrocketing insurance premiums, employment loss, and a permanent criminal record.

What Happens During the Criminal Trial Process in Illinois

If your case proceeds to trial, it will follow the structured criminal court process in Cook County or another circuit court in Illinois. At The Law Offices of David L. Freidberg, we begin by examining the police report, body camera footage, dashcam video, breathalyzer calibration logs, and dispatch records. We may file motions to suppress evidence if your arrest violated constitutional protections.

Once the case proceeds to trial, either a judge or jury will determine your guilt based on evidence presented. The burden is always on the prosecution to prove every element beyond a reasonable doubt—including that you had control of the vehicle while impaired.

Let me share a case example. One client fell asleep in his parked vehicle on a side street in Lincoln Park. The engine was off, but keys were in the ignition. He was approached by officers and arrested for DUI. We filed a motion to suppress, arguing that the stop was unconstitutional and that he had no intent to drive. The judge agreed, and the case was dismissed before trial.

Every case is fact-specific. A solid defense starts with a lawyer who understands the legal nuances of what “control” means and how to show your lack of intent or impairment.

The Type of Evidence Law Enforcement Seeks in These Cases

Police often build their cases based on a combination of physical evidence, field observations, and assumptions. In cases where no actual driving occurred, officers will focus on:

Location of the person inside the vehicle
Location of the keys
Whether the engine was running or warm
Smell of alcohol or drugs
Slurred speech or bloodshot eyes
Admissions made by the driver (“I was just sleeping it off”)

Many of these signs are subjective. That’s why we often challenge them by bringing in toxicologists, accident reconstructionists, or other experts to cast doubt on whether our client was impaired or had control of the vehicle.

It’s important to remember: your words can be used against you. Police may record statements at the scene or in the squad car. Anything you say, even before you are arrested, may be introduced in court.

Why You Need a Criminal Defense Attorney From the Very Beginning

Criminal defense is not just about trial. It’s about strategy from day one. An experienced attorney knows when to file pretrial motions, how to challenge probable cause, and what to negotiate with the prosecution.

At The Law Offices of David L. Freidberg, we protect our clients from the moment they contact us. We advise on whether to speak to police, help secure release after arrest, and begin building a defense before charges are even filed.

Without legal counsel, you may say something incriminating, miss deadlines to challenge license suspension, or accept a plea deal that carries life-altering consequences. Illinois law is harsh and fast-moving—don’t try to face it alone.

Legal Defenses to “Control Without Driving” Charges in Illinois

Many of these charges are defensible. Our firm has secured dismissals and acquittals based on a range of legal theories, including:

Lack of actual physical control
Unlawful stop or seizure
Faulty field sobriety tests
Inadmissible chemical tests
Necessity defense (e.g., client entered the car for safety, not to drive)

We tailor each defense to the unique facts of the case and constantly look for violations of constitutional rights that may get the evidence thrown out.

What To Look For in a Criminal Defense Attorney in Illinois

When hiring a criminal defense attorney in Chicago or the surrounding counties, look for someone with years of courtroom experience, a record of actual case results, and who personally handles your case rather than handing it off to a junior associate.

Ask questions such as:

How many cases like mine have you handled?
What’s your success rate in similar charges?
Will you be the attorney appearing in court with me?
What is your approach to fighting a DUI or control-based charge?
How often do you go to trial vs. negotiate pleas?

At your free consultation, we’ll answer these questions and more. We believe in full transparency and aggressive defense—whether your case involves parked car DUI, a felony, or a misdemeanor offense.

750 Words of Chicago Criminal Defense FAQs

Can I be arrested in Chicago for DUI if I wasn’t actually driving?
Yes. Under Illinois law, including 625 ILCS 5/11-501, being in “actual physical control” of a vehicle while impaired is enough to justify a DUI charge—even if you weren’t driving. If you were in the driver’s seat with the keys in the ignition or even nearby, the police may charge you. In cities like Chicago, police frequently arrest people who fall asleep in their cars after drinking, assuming they intended to drive. These cases are highly fact-dependent and should be reviewed by a criminal defense attorney.

What does “actual physical control” mean under Illinois DUI law?
“Actual physical control” means you have the ability to start and operate the vehicle. Courts look at factors like whether you were in the driver’s seat, where the keys were, whether the car was running, and whether you were awake or asleep. You do not need to move the car or start the engine. The law allows broad discretion to police officers, which is why wrongful arrests can occur.

Will my license be suspended even if I wasn’t driving?
Yes, if you refuse chemical testing or fail a test, the Illinois Secretary of State will automatically suspend your license under the Statutory Summary Suspension rules. You only have a limited time to request a hearing to fight this. That’s why hiring an attorney immediately after arrest is crucial—even if you never drove the vehicle.

Can I fight a DUI or reckless control charge in court?
Absolutely. Many of these cases are won through motions to suppress evidence or by demonstrating the absence of “control” over the vehicle. Each case depends on the facts and the quality of your legal defense. We’ve won many cases involving people arrested while simply sitting in a parked car.

Do I need an attorney even for a misdemeanor DUI charge?
Yes. Even a first-time misdemeanor DUI can result in jail, fines, license suspension, and a permanent criminal record. Having a lawyer helps protect your rights and can often result in reduced penalties or dismissal. It also ensures all constitutional and procedural defenses are fully explored.

Why You Need an Attorney—and Why Choose David L. Freidberg

Being charged with a crime—even without driving—is serious. The implications are long-lasting. A conviction can impact your job, family, and ability to drive. You need a defense attorney who understands how Illinois law works and who fights aggressively on your behalf.

At The Law Offices of David L. Freidberg, we have decades of experience defending clients throughout Chicago, Cook County, DuPage County, Will County, and Lake County. We handle every case personally, with the goal of protecting your record, your rights, and your freedom.

Don’t wait to take action. Every moment after arrest matters.

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.