Can You Be Convicted for a DUI When You Are Just “Sleeping It Off” and Not Even Driving? YES! Contact us for a free consultation.
Many people believe that they cannot be charged with a DUI if they are not actively driving. However, this needs to be clarified. In Illinois, you can still be convicted of a DUI even if you are just “sleeping it off” in your car. Here’s a detailed look at how this can happen based on legal precedents and the specifics of Illinois law.
Contact Schierer & Ritchie LLC at (309) 839-2024 for experienced and compassionate legal representation.
The Legal Precedent: People v. Morris
In 2014, the Fourth District Court of Appeals addressed this issue in the case of People v. Morris, 2014 IL App (1st) 130512. In this case, a Chicago police officer found James Morris asleep in the front seat of his parked car. The car was turned off, the driver’s side door was open, and Morris had his keys in his right hand. The key legal question was whether Morris was “in actual physical control” of the vehicle.
Understanding “Actual Physical Control”
In Illinois, a person can be considered to have “actual physical control” of a vehicle without driving it or intending to drive it. This concept is crucial in DUI cases. The Illinois Supreme Court has outlined that actual physical control is determined on a case-by-case basis, considering several factors:
- Possession of the Ignition Key: If you possess the ignition key, you control the vehicle.
- Ability to Operate the Vehicle: Being physically capable of operating the vehicle can contribute to being considered in control.
- Location in the Vehicle: Sitting in the driver’s seat suggests control.
- Presence in the Vehicle: Being alone in a car with locked doors can indicate control.
These guidelines were established in cases such as City of Naperville v. Watson, 175 Ill.2d 399, and People v. Slinkard, 362 Ill.App.3d 855 helps the courts decide whether someone had actual physical control of their vehicle. However, no single factor is determinative, and courts may consider other relevant circumstances.
Key Takeaways from People v. Morris
In People v. Morris, the court concluded that Morris was physically controlling his vehicle despite not driving it. The judge considered the totality of circumstances, including Morris holding the car keys and being in the driver’s seat. This case highlights that:
- Sleeping in Your Car Can Lead to a DUI: Even if your car is not moving or running, you can be charged with a DUI if you are found to be in actual physical control of the vehicle.
- Precautionary Measures: To avoid such situations, it is better to call a cab, use a ride-sharing service, or contact a friend rather than attempt to sleep in your car after consuming alcohol.
Legal Implications and Advice
The Morris case serves as a warning. If caught “sleeping it off” in your car, you could face DUI charges. Illinois law does not require your vehicle to be in motion for you to be considered in control of it. Therefore, taking precautions is crucial.
If you find yourself charged with a DUI in such circumstances, it is essential to seek legal assistance immediately. Experienced DUI attorneys can help you navigate the complexities of your case and fight for your rights.
Contact an Experienced DUI Attorney
If you face DUI charges for “sleeping it off” in your car, don’t navigate the legal system alone. Contact Schierer & Ritchie LLC at (309) 839-2024 for experienced and compassionate legal representation. Our team will tirelessly defend your rights and help you achieve the best possible outcome.
