If you haven’t been behind the wheel, you might think you’re safe from DUI charges. Yet Illinois courts sometimes allow prosecution when someone was “in actual physical control” of a vehicle. This post explains how that legal principle applies—and why you should pay attention even if you don’t ever shift into drive.
Understanding “actual physical control”
Illinois law covers more than just driving. If you sit behind the wheel with keys in hand—or even within reach—while intoxicated, you might still face DUI charges. Prosecutors only need to show you could have driven, not that you actually did. They look at factors like engine on/off, location of keys, and your ability to operate the vehicle.
Key factors courts consider
Courts typically evaluate whether you were in control of the vehicle. For example, being parked on a public road with the engine running and the keys in the ignition can be enough to trigger a DUI charge. Even if the engine is off, being in the driver’s seat with keys accessible may meet the standard.
Possible defenses to control charges
You can fight an “actual physical control” charge by demonstrating you did not intend to drive. Evidence like being parked safely off-road, having a sober designated driver present, or handing the keys to someone else can help. Showing the vehicle was legally and safely parked may also weaken the prosecution’s case.
Protecting yourself during a DUI stop
If an officer questions whether you were driving, the way you speak can matter. Be polite and comply, but avoid unnecessary admissions like “I haven’t driven yet.” You may want to consult with a DUI defense attorney—especially if circumstances suggest you were in control, such as sitting at the wheel with keys in reach during the stop.
In Illinois, DUI charges don’t rely only on actual driving. “Actual physical control” is enough. You can challenge charges by proving you lacked intent or ability to drive. Being aware of this can help you protect your rights..