We talk to a lot of people who believe they’re doing the right thing by pulling over to sleep off the effects of alcohol. They don’t want to hurt anyone. They don’t want to break the law. But in Illinois, sleeping in your car while intoxicated can still lead to a DUI arrest. This surprises many people. Even if the engine is off and the car isn’t moving, police can still charge you if they believe you were in “actual physical control” of the vehicle.
Under Illinois DUI law, found in 625 ILCS 5/11-501, it’s illegal to be in actual physical control of a motor vehicle while under the influence of alcohol or drugs. The key phrase here is “actual physical control.” It doesn’t mean you have to be driving. If an officer finds you behind the wheel with the keys in the ignition—or even just nearby—you can be arrested and charged with DUI.
We’ve handled many cases where people were asleep in a parking lot, on the side of the road, or even in their own driveway. In each situation, law enforcement looked at where the person was sitting, where the keys were, whether the engine was running, and whether the person could have driven away. Even if there’s no sign of actual driving, the law allows officers to make an arrest based on the total circumstances.
How We Defend These Cases
Our job is to look closely at every detail. Was the car actually running? Were you in the driver’s seat? Were the keys stored away? We use all of this to challenge the claim that you were in actual physical control. In some cases, we may be able to reduce the charges or dismiss them entirely. Other times, we work to protect your record and minimize the damage.
Illinois DUI Frequently Asked Questions
Can I Be Charged With DUI If I Was Just Sleeping In The Car?
Yes. In Illinois, if you are in “actual physical control” of a vehicle while under the influence, you can be charged with DUI—even if the car wasn’t moving. Courts look at your location in the vehicle, where the keys were, and whether you could have driven.
What Does “Actual Physical Control” Mean?
It means having the ability to operate the vehicle, even if you don’t. Sitting in the driver’s seat with the keys nearby can be enough. Illinois law does not require that the car be in motion.
Can I Avoid DUI Charges By Sitting In The Back Seat?
Sitting in the back seat may help your defense, but it’s not a guarantee. Courts still consider whether the keys were accessible and whether you had control over the vehicle.
Is Sleeping In A Car Better Than Driving Home Drunk?
It’s safer, but not legally safe. You’re less likely to hurt someone, but you may still be arrested. If you’ve been drinking, the safest option is to find a sober ride or stay in a safe place that isn’t your car.
Will I Lose My License For A Sleeping DUI?
Yes, a DUI charge—even for sleeping—can result in a license suspension. A first-time offender faces a statutory summary suspension and possible court-ordered suspension upon conviction.
Can I Fight A Sleeping DUI Charge?
Yes. These cases often depend on fine details. A skilled DUI lawyer can challenge the facts, argue a lack of intent to drive, and push for dismissal or reduction of charges.
What Are The Penalties For A First DUI In Illinois?
A first DUI is a Class A misdemeanor. It carries up to one year in jail, up to $2,500 in fines, a mandatory license suspension, and possible court supervision or alcohol classes.
Do I Need A Lawyer If I Was Only Sleeping In The Car?
Absolutely. These cases can be complicated, and the consequences are serious. A lawyer can protect your rights, review the evidence, and build the strongest defense possible.
Talk To DUI Defense Lawyers Who Know The Law
At Edward Johnson & Associates, we’ve defended people across Chicago who were charged with DUI just for trying to do the right thing. Sleeping in your car shouldn’t mean facing jail time or losing your license, and we know how to fight these charges. Contact our Chicago DUI lawyer at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation. Our law offices are located in Chicago, Illinois, and we proudly serve clients across the entire Chicagoland metro area.