Search Site
Menu
Can I Get a DUI While Sleeping?

In Illinois, a driving under the influence (DUI) charge is more complicated that many people think. In fact, you can get charged with DUI while asleep. Last year, the son of former Illinois Governor George Ryan was charged with DUI when police found him sleeping in his pickup truck in a White Castle parking lot. If you have had a few too many drinks, here are some things to consider before getting in your vehicle:

Actual physical control

Under Illinois DUI law, it is illegal for a person with a blood alcohol content of 0.08 percent or over to drive “or be in actual physical control of any vehicle.” Anytime you are sitting in the vehicle with access to the keys, this could be deemed to constitute actual physical control. It is irrelevant whether you are awake or asleep. It is also irrelevant whether you sit in the driver’s seat, passenger’s seat, or rear seat. You may be charged!

Penalties

If you are convicted of a first time DUI in Illinois, you face the following penalties:

  • One year minimum loss of full driving privileges
  • Up to one year in jail
  • Up to a $2,500 fine

If you are convicted of DUI for a second time, you face the following penalties:

  • Five-year minimum loss of full driving privileges
  • Up to one year in jail
  • 240 community service hours or five days in jail
  • Up to a $2,500 fine

Options

If you are intoxicated, you should not enter your vehicle for any reason without someone else in the driver’s seat. Arrange a designated driver prior to your night out or call a cab for a ride home.

If you have been charged with DUI, you need an experienced North Shore DUI defense lawyer. We will aggressively defend your rights. Call our office today to schedule an appointment.

Leave a Reply

Your email address will not be published. Required fields are marked *

Paul Chatzky Attorney Photo
Paul Chatzky
Founder

About Born in Havana, Cuba, Paul Chatzky is fluent in Spanish and English, enabling him to effectively represent a wider range of individuals and businesses. He is AV® Preeminent™ Peer Review Rated by Martindale-Hubbell®, and is listed among Illinois Super Lawyers, which is a reflection of his high ethical standards and exceptional legal knowledge. As…

Deborah E. Chatzky Attorney Photo
Deborah E. Chatzky
Paralegal

About Prior to joining the firm as a paralegal, Debbie was employed by major banking institutions as a loan processor and as an executive secretary. Debbie was also employed as an administrative assistant for the Board of Jewish Education. Having majored in Sociology, Debbie graduated from the University of Florida in 1980. Debbie completed her…

Client Reviews
  • lawyers
    5.0/5.0

    Paul Chatzky is well educated, knows in and outs in terms of law, keeps everything under control, responds to emails, returns phone calls almost immediately. Very professional and extremely detail-oriented lawyer. Highly recommended.

    Read more

    Client

  • lawyers
    5.0/5.0

    Mr. Chatzky is very responsive, ethical and effective. I’m extremely happy with the service and I would highly recommend this law office to anyone seeking legal help

    Read more

    Client

  • lawyers
    5.0/5.0

    Mr. Chatzky is truly superb at his job. His knowledge base is profound, and he approached my situation with honesty and integrity. I knew immediately that he had every intention to obtain the best outcome for me and that he had thought of every possi...

    Read more

    Client

  • lawyers
    5.0/5.0

    I highly recommend Paul Chatzky as a high capable and honest attorney who genuinely cares about his clients and is highly committed to supporting their best interests. He lived up to the high expectations that I had and was willing as hard as me to m...

    Read more

    Client

  • lawyers
    5.0/5.0

    Paul Chatzky is always very responsive, professional, and a pleasure to work with.

    Read more

    Client

See all reviews
AWARDS
Contact us

Quick Contact Form