In Illinois Driving Under the Influence (DUI-625 ILCS 5/11-501) Does Not Always Mean Driving Updated for 2018
In Illinois a person is driving under the influence of alcohol when a person is in actual physical control of any vehicle while under the influence of alcohol (See 625 ILCS 5/11-501). It is important for Illinois motorists to note that the Illinois DUI Statute does not mentioned the word ‘driving’. Driving Under the Influence may be the generic all-encompassing term that is used to describe the offense outlined above, but nowhere in the statute does is it mandated that an Illinois motorist actually drive a car. Instead, Illinois uses the phrase “in actual physical control of any vehicle”.
The next logical questions becomes, “What is actual physical control” for the purposes of the Illinois DUI statute?
Illinois case law is abundantly clear that a person does not need to actually drive a car to be in actual physical control of a motor vehicle. Courts are to consider several different factors when assessing actual physical control such as whether a person is in the vehicle's driver's seat, who has possession of the ignition key, and whether the motorist has the physical capability of starting engine and moving vehicle. Illinois courts have repeatedly held that a person does not even need to be in the driver’s seat to be found to have actual physical control of a vehicle. In fact, a person can be asleep in the car and still be found to be in actual physical control of the vehicle.
Those fact patterns include:
The blog post In Illinois Driving Under the Influence (DUI-625 ILCS 5/11-501) Does Not Always Mean Driving – Updated for 2018 was first published on: Gruszeczki & Smith Law, LLP
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