WHAT IS DRIVING UNDER ILLINOIS DUI LAW?

To be convicted of DUI, the state must prove beyond a reasonable doubt that you were: 1) driving while 2) under the influence.  But it may surprise you to know that sleeping in your car can fall under the definition of “driving.”

Under Illinois law, you may not drive or be in actual physical control of a vehicle while under the influence of alcohol or drugs.  See: 625 ILCS 5/11-501.  You need not be driving to have actual physical control. Nor does it matter whether you intended to put the car in motion.

Actual physical control is defined on a case-by-case basis, considering  whether you: (1) possessed the key to the ignition; (2) were physically capable of operating the vehicle; (3) were positioned in the driver’s seat; and (4) were alone in the vehicle with the doors locked. These factors are merely guidelines.  Not all factors need be present, and courts can look at other facts.

Illinois courts have found actual physical control where:

• The defendant was behind the steering wheel in the driver’s seat with the ignition key and physically capable of starting the engine and moving the vehicle.
• The defendant was sleeping in the car.
• The defendant was in the back seat.
• The car could be operated by coasting even though the  front end and radiator were visibly damaged, but  defendant could still move the car, which was on a downhill incline.
• The evidence showed that damage to the car matched damage to a car parked at the complainant’s home, defendant was the car’s owner, and police found defendant next to the vehicle, which was parked in the driveway of his house.
• The defendant was lying on the seat of the truck with the keys  on the floor under the steering column.
• The defendant’s car was stuck in a ditch and he could not get it out.

If you are charged with DUI,  consult an experienced DUI attorney immediately.  Determining if you were “driving” can be very fact specific and depend on  your particular judge’s point of view.  An attorney who is familiar with the courthouse may be able to present the facts of your  case in their most favorable light.

If you have questions about this or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

Reference:  People v. Kiertowicz 

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)