With the fourth of July just around the corner, a question or attorneys get is “Can I be charged with a DUI for Sleeping in My Car?” In Illinois you can be convicted for Driving Under the Influence (DUI) when your sleeping in your car or sitting in your car without the engine running. Under Illinois law, the phrase “actual physical control” means that a person was in the vehicle with the ignition key and able to exercise physical control over the vehicle by starting the engine and causing the vehicle to move. It is not necessary that you be actually driving the vehicle to be guilty of DUI. “Actual physical control” is defined as simply having the keys to the car in your possession.
This means if you are in your car and have the “ability” to start the car and cause it to move, you can be charged with DUI. If the car is parked, the engine is off, the keys are on the floorboard, and you are asleep, you still may be considered to have the “ability” to start the engine and cause the car to move.
DUI cases involving parked and disabled vehicles present unique facts. An attorney that primarily practices in DUI and Criminal Defense may be able to have the case dismissed. As each case is unique Attorney Steve Hanna and Jonathan Ruud offer a free consultation to review your specific facts.
For any Drunk Driving, DUI, OWI, or DWI case in Rock Island, Scott County, Quad Cities, or the surrounding area, contact the Law Offices of Hanna & Ruud, LLC at (309) 797-9000