Illinois DUI Lawyer Blawg
A driver does not necessarily have to be traveling down the road when police arrive for an encounter to result in a DUI arrest. Illinois law prohibits a person from driving or being in “actual physical control” of a vehicle while under the influence, which can create complicated questions when police encounter someone asleep or unconscious behind the wheel. A recent California DUI arrest involving a driver allegedly found passed out at an intersection illustrates how these cases may arise even when a vehicle is stationary by the time an officer approaches. If you have been charged with DUI after being found asleep or unconscious in a vehicle, an Illinois DUI defense attorney can assess whether the State can establish every element of the offense.
The California Case
It is reported that a police sergeant noticed a vehicle that allegedly failed to move despite receiving several green traffic signals at a busy California intersection. According to the article, officers approached the vehicle and found the driver passed out behind the wheel while the vehicle remained in drive. The circumstances created a potential safety concern because the vehicle was positioned in an active intersection and apparently capable of moving if pressure was released from the brake.
Allegedly, officers repeatedly attempted to wake the driver but were unsuccessful. Police reportedly boxed in the vehicle to prevent it from moving and then broke a passenger-side window so they could reach the driver. The driver, described in the article as a 21-year-old man, was subsequently arrested on suspicion of driving under the influence. No crash, injury, or death reportedly occurred during the incident.
Reportedly, authorities were concerned about the danger presented by an unconscious person sitting behind the wheel while the vehicle remained in drive. The article noted that a vehicle under those circumstances could move unexpectedly if the driver’s foot slipped from the brake, potentially endangering pedestrians, bicyclists, and other motorists. Police were ultimately able to secure the vehicle before it moved and safely remove the driver.
Illinois DUI Law Extends to Actual Physical Control of a Vehicle
Under 625 ILCS 5/11-501, Illinois prohibits a person from driving or being in actual physical control of a vehicle while under the influence of alcohol, while having an alcohol concentration of 0.08 or greater, or under certain circumstances involving drugs or intoxicating compounds. The inclusion of “actual physical control” is significant because the State does not necessarily have to prove that an officer personally observed the defendant driving the vehicle. A stationary vehicle therefore does not automatically prevent a DUI prosecution.
Illinois courts consider the circumstances surrounding the defendant and the vehicle when determining actual physical control. Relevant considerations can include whether the defendant was positioned in the driver’s seat, whether the defendant possessed the ignition key, whether the vehicle was operable, and whether the defendant had the ability to start or move it. No single factor necessarily resolves every case. The broader inquiry focuses on whether the defendant had the present ability to exercise control over the vehicle.
A defendant may therefore face a DUI charge even when found asleep in a stationary vehicle. Illinois courts have recognized that a person can remain in actual physical control despite being asleep when the surrounding circumstances demonstrate an ability to operate the vehicle. A running engine, a vehicle in gear, possession of the keys, or the defendant’s location behind the steering wheel may provide evidence supporting the prosecution. Conversely, facts showing that the person had deliberately relinquished the ability to operate the vehicle may become important to the defense.
Actual physical control is only one component of the State’s case. Finding someone asleep behind the steering wheel does not, by itself, establish that the person was under the influence of alcohol or drugs. Depending on the charge, prosecutors may rely on chemical testing, field sobriety testing, officer observations, admissions, the presence or odor of alcohol or drugs, and other circumstantial evidence. The defense may challenge both the evidence of impairment and the State’s claim that the defendant was in actual physical control.
Consult an Experienced Illinois DUI Defense Attorney
DUI cases involving a person found asleep or unconscious in a stationary vehicle can present legal and factual questions that differ substantially from a conventional traffic-stop case. The location of the vehicle, position of the keys, condition of the engine, observations made by police, and evidence of impairment may all affect the prosecution. Theodore J. Harvatin of the Harvatin Law Offices, PC, is an experienced Illinois DUI defense lawyer who can evaluate the circumstances surrounding an arrest and help you seek the best legal result available. To schedule a confidential consultation, contact Mr. Harvatin at (217) 525-0520 or use the online form.