Most of us associate DUI charges with behaviors like swerving across lanes and then failing a breathalyzer after being pulled over. In the state of Illinois, you can face DUI charges even if you were not actually driving. Simply sitting or sleeping in your parked vehicle while you are under the influence can result in serious legal consequences.
So, finding out that you are being arrested for DUI can feel very unfair. If you have been charged with DUI as a result of being in a parked car, it is a good idea to speak to an experienced Arlington Heights, IL DUI lawyer who can discuss the legal nuances of DUI charges when no driving has taken place.
What Does “Actual Physical Control” Mean Under Illinois Law?
Illinois 625 ILCS 5/11-501 mentions “actual physical control” but fails to define the term precisely. Illinois courts have ruled that actual physical control means the person is inside the vehicle and in a position to operate it. This includes the following: