Being found asleep behind the wheel may appear, at first glance, to be a responsible alternative to driving while impaired. However, under Illinois law, such situations can still lead to serious DUI charges and significant legal consequences. A recent police report from Park Forest, Illinois, illustrates how quickly an encounter involving a stationary vehicle can escalate into a full DUI arrest. These cases highlight the expansive reach of Illinois DUI statutes and the importance of understanding how law enforcement evaluates “actual physical control” of a vehicle. If you are facing DUI allegations, you should talk to a lawyer who can help you prepare a strategic legal defense.
Alleged Discovery of a Driver Asleep in the Roadway
It is reported that during the early morning hours, a police officer observed a vehicle stopped in the middle of a roadway in Park Forest. Allegedly, the vehicle was stationary in a traffic lane, prompting the officer to investigate further. It is reported that the officer approached the vehicle and observed the driver seated behind the wheel and appearing to be asleep, requiring repeated knocking on the window before the driver responded.
Allegedly, once contact was made, the driver acknowledged the officer and reportedly made statements suggesting alcohol consumption. It is reported that the driver appeared confused about his location and situation when questioned. According to police accounts, the officer immediately noticed signs commonly associated with alcohol impairment, including the odor of alcohol emanating from the driver’s breath.
It is alleged that the driver exhibited multiple physical indicators of intoxication, including bloodshot and glassy eyes and significantly slurred speech. Reportedly, based on these observations, the officer asked the driver to exit the vehicle and perform standardized field sobriety tests. It is reported that the driver agreed to participate in the tests, after which the officer concluded that there was probable cause to arrest the driver for driving under the influence of alcohol.
It is reported that following the arrest, the driver was transported to the police department for further processing. Allegedly, the driver refused to submit to a breath test after being advised of Illinois’ implied consent law. In addition to the DUI charge, it is reported that the driver received citations for traffic and equipment-related violations, including illegal stopping and failure to wear a seat belt.
Illinois Law on DUI and “Actual Physical Control”
Illinois law prohibits driving or being in actual physical control of a motor vehicle while under the influence of alcohol or drugs. Importantly, a DUI charge does not require that a vehicle be in motion. Courts have held that a person may be considered in actual physical control if they are in the driver’s seat and have the ability to operate the vehicle, even if the vehicle is stopped. As a result, drivers found asleep behind the wheel may still face DUI charges depending on the surrounding circumstances.
Under Illinois’ implied consent statute, drivers are deemed to have consented to chemical testing if law enforcement has reasonable grounds to believe they are impaired. Refusal to submit to testing results in a statutory summary suspension of driving privileges, which takes effect independently of the criminal DUI case. While refusal may limit certain types of evidence, it also carries administrative penalties that must be challenged within strict time limits.
Talk to a Trusted Illinois DUI Defense Attorney
If you have been charged with DUI in Illinois after being found asleep behind the wheel or under similar circumstances, it is essential to understand your rights and options under the law, and you should talk to an attorney. Theodore J. Harvatin of the Harvatin Law Offices, PC, is a trusted Illinois DUI defense lawyer who can assess your case and help you to seek the best outcome possible. To schedule a confidential consultation, contact Harvatin Law Offices, PC, at (217) 525-0520 or use the firm’s online contact form.