Video: Can a Person Get an Illinois DUI Without Driving a Vehicle?

February 14, 2025

Transcript:

Our Chicago-based law practice focuses exclusively on Illinois driver’s license reinstatement.

In this video, our office answers a common question:

Can a person get a DUI when they are not driving a vehicle?

Generally, the answer is “Yes.”

Under Illinois law, it is unlawful to drive or be in “actual physical control” of any vehicle while under the influence of drugs or alcohol.

A person does not need to drive or intend to drive to be in “actual physical control” of a vehicle.

The courts decide whether a person was in “actual physical control” on a case-by-case basis.

Some factors that courts consider are whether the defendant:

1. Possessed the ignition key;
2. Was physically capable of operating the vehicle;
3. Was sitting in the driver’s seat; and
4. Was alone with the doors locked.

When passing the law, the legislative intent was to encourage persons to arrange lodging or transportation prior to drinking.

A person can lose their Illinois driver’s license if they are convicted of DUI due to being in “actual physical control” while intoxicated.

For Illinois suspensions and revocations, we welcome revoked drivers to call our office for a free consultation on driver’s license reinstatement.