Free Consultation

DUI when you are just “sleeping it off”?

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.

can-i-get-a-dui-for-sleeping-it-off
Schierer & Ritchie, LLC
Excellent
4.9
Based on 110 reviews
review us on
Mr. Schierer and his team made my experience a breeze and did an excellent job in negotiating my plea! 10/10 would recommend them!
Response, quick and cost-effective. Would recommend them highly.
Super friendly supportive staff who were very patient with all questions, Cannot say how helpful and Informative everyone was. I definitely recommend this place.
Great experience explained our case in detail. Highly recomended
I called them in January for a claim and 8 months of them working hard I received a check highly recommended
Excellent lawyer. Professional, great communication. Went above and beyond and finished the case up wonderfully. Thank you!
Response from the owner: Thank you for those kind words. So nice to meet you and your family. Happy to help.
My wife and I had a great experience using Schierer and Ritchie. They were very professional and responsive from day one, and all the way until the end. There were multiple instances where Brandon, Stacy, and Mr. Schierer went above and beyond to represent us. I wouldn't hesitate to recommend this great firm to anyone looking for top quality personal injury representation.
Chuck is very knowledgeable and attentive to his clients. Great experience.
js_loader

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.

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.

Leave a Comment