What Is Actual Physical Control in Illinois?
You don’t have to be actively driving to face a DUI charge in Chicago. Under Illinois DUI law, you can be arrested for driving under the influence (DUI) if you are in “actual physical control” of a vehicle while under the influence of alcohol or drugs. But what does actual physical control mean?
Essentially, “actual physical control” means having the ability to operate the vehicle, even if it’s not in motion. This broad definition often catches people off guard, leading to serious charges even if they weren’t driving.
If you’re facing a DUI charge in Chicago, IL, or another community, contact our law firm. At Johnson & Goldrich, P.C., we focus exclusively on license reinstatement. If your driver’s license is at risk, our experienced legal team can help!
To learn more about how the “actual physical control” factor may apply to your situation, continue reading.
Actual Physical Control Definition: Understanding the Legal Implications
The definition of actual physical control in Illinois includes being in the driver’s seat with the keys in the ignition or accessible. You could be parked, sleeping in the car, or even pulled over on the side of the road. If law enforcement determines that you could start and move the vehicle while intoxicated, you could face a DUI charge.
Factors that act as guidelines to determine whether someone was in actual physical control of a vehicle include:
- They had the ignition key
- They were physically able to operate the vehicle
- They were sitting in the driver’s seat
- The doors were locked, and the individual was alone
Each situation is considered on a case-by-case basis. Other factors can affect whether or not you’re found guilty of a DUI offense without having driven a vehicle. Some might include having the engine running or sleeping in the driver’s seat with the key nearby.
Examples of Actual Physical Control DUI Charges
Some situations might sound completely innocent on paper, but could potentially put you at risk of a DUI charge. Under drunk driving laws in Chicago, you could be charged with a DUI if:
- You are found sleeping in a parked car with the engine running
- You have pulled over on the side of the road, but keep the engine on
- You sit in the driver’s seat with the keys in your lap, even if the engine is off
- You stand outside your vehicle with the driver’s side door open while intoxicated
Each of these scenarios can result in a DUI charge for actual physical control. DUI convictions typically lead to fines, license suspension, and sometimes even jail time.
How Actual Physical Control Affects License Reinstatement
A DUI conviction based on actual physical control can lead to severe consequences, including license suspension and revocation. In order to restore your driving privileges, you will need to apply for reinstatement.
If your license is revoked due to a DUI conviction, you must attend a hearing with the Illinois Secretary of State. This hearing is critical to your case. The Secretary of State will require you to:
- Supply evidence of a completed alcohol/drug evaluation
- Bring proof of treatment and/or education
- Demonstrate rehabilitation and low risk
- Provide your driving record
- Bring any additional documentation, such as police reports, medical records, or letters of support
If this is your first DUI conviction and there are no aggravating factors, you may be able to attend an informal hearing. However, if this is your second or subsequent DUI disposition, you will need to request a formal hearing.
Defenses Against Actual Physical Control Charges
Defending against an actual physical control charge can be challenging, but not impossible. Potential defenses include:
- Proving you had no intent to drive
- Demonstrating that the car was inoperable
- Showing that the keys were not accessible
- Establishing that another person was in control of the vehicle
- Proving you were not intoxicated at the time
An experienced attorney can assess the circumstances of your arrest and build a strategic defense. Our legal team at Johnson & Goldrich, P.C., knows how to protect your license and reduce potential penalties. Contact us today to schedule a free consultation!
Contact Us for Help With License Reinstatement
A DUI charge can result in severe consequences, even if you weren’t actively driving. Under Chicago DUI law, you could face license suspension, fines, and other consequences.
Whether you were found sleeping in a parked car or sitting behind the wheel with keys nearby, these charges can significantly impact your life. At Johnson & Goldrich, P.C., we understand the complexities of actual physical control charges. We can guide you through the Secretary of State hearing process after license revocation in Illinois. Contact us today to learn how we can help defend you and fight to restore your driving privileges as soon as possible.