Traffic Attorney

Can I be charged with a DUI for Sleeping in My Car?

Can I be charged with a DUI for Sleeping in My Car?

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

To learn more about our legal services and how we can assist with your criminal law matter, give us a call: 309-797-9000

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2018 DUI Laws Illinois

Illinois 2018 DUI Laws

New Laws Concerning DUI in Illinois.

Effective January 1, 2018

 Enhanced penalties apply upon conviction for driving while revoked if the driver
is revoked for aggravated DUI that resulted in a death. The prosecution of an
Aggravated DUI resulting in the death of another person may be commenced at
any time.

Effective August 11, 2017

The Secretary of State shall be notified when a person has been convicted of or
received a court supervision for operating a snowmobile or watercraft while
under the influence of alcohol, drugs or intoxicating compounds.

Driving Under the Influence (DUI).

“Driving Under the Influence” is defined as operating a motor vehicle while impaired
by alcohol, other drugs, including cannabis (marijuana) prescribed for medical
purposes, or intoxicating compounds and methamphetamine. In Illinois, drivers
are legally considered to be under the influence if they have a blood-alcohol content
(BAC) of .08 or more, a tetrahydrocannabinol (cannabis) concentration (THC)
of either 5 nanograms or more per milliliter of whole blood or 10 nanograms or
more per milliliter of other bodily substance, have used any other controlled substance
or are impaired by medication.