In Joliet and Will County, Illinois, Driving Under the Influence (DUI) is defined “as operating a motor vehicle while impaired by alcohol, other drugs including marijuana prescribed for medical purposes, or intoxicating compounds and methamphetamine. In Illinois, a driver is legally considered to be under the influence if he/she has a blood-alcohol content (BAC) of .08 or more, has used any illegal substance, or is impaired by medication.”
Residents of Joliet or Will County, Illinois, should know that you can be arrested for DUI even if you are not driving the vehicle. Although the above law does not mention it, the test for Driving Under the Influence in Illinois has nothing to do with a person “driving” a vehicle. The test instead focuses on if a person had actual, physical control of the vehicle while under the influence of alcohol.
In determining what “actual, physical control” means it will be helpful to consider the facts of a DUI conviction in the city of Naperville, Illinois. A person was sleeping in his car with the motor running in order to keep the heat on. The person was lying across the front seat with his head on the passenger seat and a blanket over him. This person had been at drinking at a friend’s house and had no way home. Instead of of driving his car home after he had been drinking, he decided to fall asleep in it. Unfortunately for him this was enough to convict him of DUI.
Whether a person has actual, physical control of a vehicle depends on three factors. The factors are: 1) where you are sitting, 2) if you have the key, 3) if you have the ability to start and move the vehicle. Illinois has some of the strictest DUI penalties in the country.
If you or someone you know needs legal advice pertaining to a DUI in Joliet, Will County or anywhere in Illinois, contact Hamilton & Antonsen at 815.729.9220 to set up a complimentary consultation with an experienced attorney.