Asleep at the Wheel, Still Charged: DUI Laws and Parked Cars

 Posted on August 06, 2025 in DUI

Many people think that the responsible choice when they are too impaired to drive is to pull over and "sleep it off." Unfortunately, in some instances, that decision can result in DUI charges. The law does not just punish people for driving drunk; it also targets those who are considered to be in "actual physical control" of the vehicle while under the influence.

If you are sound asleep in the driver’s seat but your car keys are in the ignition or nearby, the police can interpret this as intent to drive. You must understand your rights in the event you are charged with DUI under one of these gray area situations. If you have already been charged with DUI when you were not driving (or in any other situation), the sooner you speak to a knowledgeable Naperville, IL DUI lawyer, the better your outcome is likely to be.  

What Does Illinois Law Say About Actual Physical Control?

Under 625 ILCS 5/11-501, actual physical control for DUI purposes means having the ability to physically operate a vehicle, even when not actively driving it. This includes the ability to start the vehicle and put it into motion. A person can be found to be in actual physical control, even if he or she is not the designated driver of the vehicle.

The court will consider whether the individual had the keys to the vehicle. Since many of today’s vehicles have key fobs that start the car and must only be inside the car, it is even easier to prove actual physical control than with traditional keys in the ignition. The court will then consider whether the individual was in the driver’s seat or in another position where he or she could easily operate the vehicle.

Any evidence that suggests the individual recently drove the vehicle (a warm engine) will also be considered.  The "actual physical control" standard can be broadly interpreted to encompass any situation where an individual can control the movement of a vehicle – even when not actively driving it at the time of contact with law enforcement.

Some common scenarios that can lead to DUI charges via "actual physical control" include:

• A drunk driver who is asleep in the driver’s seat on the shoulder of the road or in a parking lot.
• An inebriated driver is sitting in a vehicle that has the engine running to keep warm or cool.
• The engine is off, but the keys are in the ignition or within reach of the individual.
• The driver is sleeping in the back seat, but the keys are in the ignition, and there is eyewitness evidence or video evidence of impaired driving.  

What Are the Penalties for a First-Time Illinois DUI Conviction?

In the state of Illinois, a first-time DUI conviction is generally a Class A misdemeanor, with penalties of up to one year in jail and a fine of up to $2,500. The driver’s license may be revoked for a year. For a BAC of 0.16 percent or higher, there is a mandatory minimum fine of $500, as well as 100 hours of community service. There may also be enhanced penalties if a minor was in the vehicle at the time of the DUI arrest.

What Are the Defenses Against a Parked Car DUI?

While the specific defense used by a DUI attorney will depend on the facts and circumstances surrounding the arrest, some common defenses used in a DUI arrest when the car was parked include:

• "Actual physical control" can be challenged based on the vehicle's location, the driver's position within the vehicle, and the keys' location.  
• The attorney may be able to show a lack of intent to drive.
• There may be an argument for an unlawful search, especially in a private parking lot.
• The field sobriety results or breathalyzer results can be challenged, as with any DUI.

Contact a DuPage County, IL DUI Lawyer

A DUI charge while you were asleep in your car can certainly feel unfair, but such cases depend heavily on technical details and intent. This makes having an experienced Naperville, IL DUI attorney from Appelman Law LLC even more important. Attorney Appelman is ready to defend your DUI charges aggressively; call 630-717-7801 to schedule your free consultation.