Madelyn DaleyAttorney at Law
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Illinois driver charged with DUI; found sleeping in running car

| Mar 14, 2019 | Dui Defense |

An Illinois man was recently arrested and is facing DUI charges after he fell asleep in his running vehicle. Officers alleged that the man’s running vehicle was in the thru lane of traffic in a parking lot on the south side of a parking garage.

After waking the man, the officers requested him to perform field sobriety tests. The man refused and was arrested and taken into custody based on what an officer observed. Generally, officers will look for signs that the driver is under the influence of drugs or alcohol. Slurred speech, bloodshot eyes and the smell of alcohol can all lead to a DUI arrest.

Under Illinois law, you can be charged with a DUI even if you are not technically driving the vehicle. As long as you are in actual physical control of the vehicle, you can be arrested for drunk driving. Actual physical control means that you have the ability to start the vehicle. In other words, if you are sleeping in the driver’s seat your vehicle with the keys in the ignition, you have actual physical control of the vehicle in that you could wake up and start driving.

However, actual physical control is determined on a case-by-case basis. The court will look at whether you had the ignition key in your possession, whether you were alone in the vehicle and/or in the driver’s seat and whether you had the physical capacity to operate the car. Your attorney can help come up with a DUI defense to protect you against the penalties of a DUI conviction. If you were charged with a DUI in Illinois, you can discuss your case with an experienced criminal defense attorney in your area.