Can I be Arrested for DUI if I Am in My Vehicle, But Not Driving?

 Posted on January 18, 2017 in DUI/DWI

One interesting scenario that people often ask about is whether you can be arrested for driving under the influence (DUI) of drugs or alcohol when you are in the vehicle, but not actually driving the vehicle. The logic is simple: If you are not driving the vehicle while intoxicated, how can you be considered to be “driving under the influence?”

Countless criminal defendants have been arrested by Illinois law enforcement for DUI when they were not actually engaged in driving the vehicle. In fact, anarrest cantake place after law enforcement finds anintoxicated driver stopped at the scene of an accident, or after anofficer finds adriver passed out behind the wheel of a stopped, or even parked, vehicle.

Driving or in Actual Physical Control of aVehicle

Under 625 ILCS 5/11-501, a person shall not drive or be in actual control of a vehicle in Illinois while intoxicated to the point of being incapable of driving safely. The part of the law that confuses many is the “in actual control of a vehicle” language of the statute.

“In actual control of a vehicle” is purposely broad in scope, as it is meant to make intoxicated driving as broad a crime as possible. Many scenarios fall within the scope of “in actual control of a vehicle” while under the influence, such as:

• Being found by law enforcement in a condition where you are too drunk to drive, but you were just sitting in your car for a while until you felt sober enough to drive. If you have the keys, you are in actual control of the vehicle and can be charged with a DUI;
• Being found passed out in your parked vehicle with the engine off due to intoxication. If you have the keys and you are drunk, you can be charged with a DUI. Circumstances might be different if you are sleeping it off responsibly in the back seat of your car, with no keys in your possession; and
• Sitting in your vehicle while the engine is off after being involved in an accident. It does not matter if the accident was a single vehicle accident or a multi-vehicle accident; if you are intoxicated and behind the wheel at an accident, you may be charged with a DUI.

The main takeaway is that if you are intoxicated in your vehicle, it is critically important that you do not have your keys. Possession or easy access to your keys while you are intoxicated in your vehicle is a significant factor when the courts consider if you were in actual control of the vehicle while you were intoxicated for the purposes of DUI charges.

If you are facing a DUI charge because law enforcement found you in your vehicle while in an intoxicated state, even though you were not driving and the motor was not running, you need to get in touch with an experienced criminal defense attorney as soon as possible to fight your DUI charges.

Call The Law Offices of Christopher M. Cosley

If you are facing DUI charges, an experienced DUI lawyer will know how best to proceed with your case. Please do not hesitate to contact a skilledRolling Meadows DUI lawyer immediately for assistance with your case.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501