Understanding the DUI Law in Illinois: What “Physical Control” Really Means

Chicago is a city of movement—cars honking down Lake Shore Drive, taxis cruising past Wrigleyville, and thousands of people behind the wheel each night. But in the middle of this motion, there’s a lesser-known reason people are being arrested for DUI: not for driving under the influence, but simply for being in physical control of their vehicle while impaired. Even if your keys never touched the ignition, the law might still see you as guilty of DUI in Illinois.

Many drivers in Chicago are shocked to learn they can be arrested and convicted of DUI without actually driving. This is especially true in areas like River North, the Loop, or near the West Side, where late-night stops and street-side pullovers are common. Under Illinois DUI laws, the concept of “physical control” expands law enforcement’s authority and makes legal defenses more complex. If you’ve been arrested for DUI based solely on being inside your vehicle while allegedly intoxicated, understanding what this term means—and how to fight the charges—is critical.

What Illinois Law Says About Physical Control in DUI Cases

Illinois law defines DUI under 625 ILCS 5/11-501, which prohibits any person from driving or being in “actual physical control” of a vehicle while under the influence of alcohol or drugs. The key term here is “actual physical control.” Courts in Illinois have interpreted this phrase broadly, allowing police to arrest individuals who weren’t actively driving at the time of arrest.

To determine whether someone had physical control, courts consider factors such as:

Whether the person was in the driver’s seat
Whether the keys were in the ignition or within reach
Whether the engine was running
Where the vehicle was located (e.g., parked legally or not)

The prosecution does not need to prove that the accused was driving. They only need to show that the accused was in a position to start and operate the vehicle while impaired. That’s why someone sleeping off a night of drinking in their parked car can still be charged with DUI—particularly if they had the keys nearby or if the engine was on for heat.

Being convicted under this provision carries the same penalties as if you had been pulled over while driving. For a first offense, this is a Class A misdemeanor punishable by up to one year in jail, a fine of up to $2,500, and mandatory driver’s license suspension. A second conviction can also carry jail time, license revocation, and more serious consequences. Subsequent offenses or aggravating factors can lead to felony charges under 625 ILCS 5/11-501(d), including Class 4 and Class 2 felonies, with multi-year prison terms.

How Physical Control DUI Cases Begin in Chicago

Many physical control DUI cases in Chicago start in familiar ways: a concerned citizen calls 911 about a person slumped behind the wheel in a parking lot. A police officer spots a vehicle on the shoulder of Lake Shore Drive at night. Sometimes, officers are conducting wellness checks on parked cars and discover a sleeping or impaired individual in the driver’s seat.

Once police approach, they typically ask the person to exit the vehicle and begin evaluating them for signs of impairment. This may include field sobriety testing or requesting a breath, urine, or blood test. Even if the car wasn’t moving, the fact that you were inside and had access to the controls may be used as evidence that you had actual physical control.

The criminal case is then forwarded to the Cook County State’s Attorney’s Office. If chemical tests show a BAC of 0.08 or more—or if the officer testifies to slurred speech, bloodshot eyes, or the odor of alcohol—the case moves forward. What makes these cases particularly frustrating is that the evidence often relies heavily on assumptions rather than direct proof of operation.

What Evidence Police and Prosecutors Use to Prove Physical Control

In DUI cases involving actual driving, prosecutors often rely on direct evidence: erratic driving, speeding, or swerving. In physical control cases, however, the case becomes more circumstantial. But don’t be misled—circumstantial evidence can still be powerful in court.

Here’s what law enforcement typically looks for:

The person’s location inside the vehicle (usually the driver’s seat)
Whether the keys were in the ignition or easily accessible
Whether the engine was running
The time and place of the incident (e.g., a parked car on the roadside at 2 a.m.)
The person’s behavior (slurred speech, bloodshot eyes, alcohol odor)
Admissions made to the officer (“I was just trying to warm up the car”)

Video footage from squad cars or body cameras may also be introduced. In some cases, prosecutors will call on toxicologists or field sobriety test instructors to support the officer’s conclusion of impairment.

If blood or breath results show a BAC above 0.08—or if a drug recognition expert (DRE) claims the driver was under the influence—this evidence may be presented at trial. However, none of this directly proves the car was moving, only that the driver had the ability to control it.

How the DUI Criminal Trial Process Works in Illinois

After arrest, the defendant is processed and appears for a bond hearing. In Cook County, this typically takes place at the Leighton Criminal Courthouse or at a branch court depending on where the arrest occurred. The judge will determine if the defendant is eligible for pretrial release and whether any conditions—like alcohol monitoring—will be imposed.

The case proceeds through arraignment, pretrial discovery, and court dates. During this time, the defense can file motions to suppress evidence if there were illegal searches, improper questioning, or no probable cause for the initial encounter. If the case is not resolved through plea bargaining or a negotiated reduction in charges, it proceeds to trial.

At trial, the prosecution must prove beyond a reasonable doubt that the defendant was under the influence and in actual physical control. This means proving more than just the presence of alcohol—they must establish that the defendant could have placed the vehicle in motion. A skilled attorney can argue that the defendant had no intention to drive, that the keys were not accessible, or that the arrest was based on speculation rather than fact.

Legal Defenses to Physical Control DUI Charges

One of the strongest defenses in these cases is lack of intent to operate the vehicle. If the accused was using the vehicle as shelter—sleeping in the back seat with the keys stored out of reach—it may be argued that they were not in physical control. Illinois courts have recognized that a driver’s actions and intent are relevant when interpreting the statute.

Another common defense is that the keys were not readily available or that the vehicle was inoperable. If the engine wouldn’t start or the tires were flat, it’s difficult to argue that the driver could have operated the vehicle.

Some cases also involve illegal police entry. If the vehicle was on private property and police entered without a warrant or lawful justification, any evidence obtained may be subject to suppression.

Finally, medical conditions or fatigue may be offered as alternative explanations for unusual behavior. A person slumped in their seat may not be intoxicated but could be suffering from a medical event or simply resting.

Why Legal Representation Is Critical at Every Step

Illinois DUI laws are complex. “Physical control” cases are even more complicated because they don’t involve direct proof of driving. Having a private defense attorney ensures you have someone who understands the nuances of case law and how Cook County prosecutors operate.

From challenging field sobriety tests to examining the chain of custody for blood tests, a strong defense attorney works to weaken the prosecution’s case from every angle. Without legal representation, you risk license suspension, a permanent criminal record, higher insurance premiums, and even jail time.

Your attorney can also guide you through administrative hearings with the Illinois Secretary of State to fight your license suspension, a critical step that often goes overlooked.

What to Ask a DUI Attorney in Your Free Consultation

When you sit down with a potential DUI lawyer, you need to ask direct questions about their experience and strategy:

How many physical control DUI cases have you handled?
Have you won motions to suppress in similar circumstances?
Will you personally handle my case in court?
What steps will you take to protect my license?
What defenses do you see based on the facts I’ve described?

These questions can help you determine whether the attorney has the skill and attention your case deserves.

Chicago DUI FAQs: Physical Control and Actual Operation

Can I be arrested for DUI if I was sleeping in my car?
Yes. If you’re in the driver’s seat, have access to the keys, or if the engine is running, you can be charged with DUI—even if the vehicle was parked.

What if the car wasn’t running?
You can still be charged if you had the ability to start the vehicle. However, that fact may be helpful in your defense.

Does it matter where I was parked?
Yes. Being parked safely in a legal spot may help show you were trying to avoid driving impaired. Parking in the middle of a roadway or on the shoulder may work against you.

Can my license be suspended if I wasn’t driving?
Yes. Under Illinois implied consent laws, if you refuse a breath or blood test, your license can be suspended—even if you weren’t caught driving.

How long will a conviction stay on my record?
A DUI conviction cannot be expunged or sealed in Illinois. It becomes a permanent part of your criminal history.

Why You Need The Law Offices of David L. Freidberg

If you’ve been charged with DUI under the “physical control” doctrine, don’t make the mistake of thinking you have no defense. These are winnable cases—but only with the right strategy and representation. At The Law Offices of David L. Freidberg, we’ve defended thousands of DUI clients throughout Chicago and across Cook, Lake, DuPage, and Will Counties. We know the law. We know the courts. And we fight to win.

Call Now – The Law Offices of David L. Freidberg Is Ready to Help

If you were arrested in Chicago for DUI, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.

Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.