1 Facing Drunk Driving Charges After Falling Asleep In Car

There are numerous scenarios in which a driver may begin to experience fatigue behind the wheel. These can range anywhere from a reaction to prescription medication to a mere lack of sleep, or even a long day at the office. Unfortunately, a man has recently been accused of drunk driving after authorities found him asleep behind the wheel of his car during a traffic stop in Wisconsin.

Law enforcement agents assert the incident took place when they encountered a vehicle with its headlights on at around 1:30 a.m. on a recent Monday. Upon approaching the vehicle, they claim to have found the driver to be asleep behind the wheel. While speaking with the man, officers also assert that he was exhibiting signs of impairment and they began to administer field sobriety and breath tests.

Although the results of these tests were not provided, the man was taken into custody soon thereafter on suspicion of driving under the influence. Police also assert that a search warrant was obtained after the man allegedly refused to consent to provide a blood sample. According to reports, he is now facing drunk driving charges, and with six previous offenses on record, he would be facing serious consequences if a conviction is obtained.

With the potential weight of a conviction for successive drunk driving charges, those who stand accused of similar crimes may find it advisable to seek guidance as soon as the charges are filed. For guidance in making informed decisions, a person could find it beneficial to consult with an experienced defense attorney. An attorney can advise a client in Wisconsin of the potential consequences he or she may face and subsequently assist in pursing the most favorable outcome achievable during court proceedings.

Asleep at the Wheel, Still Charged: DUI Laws and Parked Cars

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 Posted on August 06, 2025 in DUI

Many people think that the responsible choice when they are too impaired to drive is to pull over and “sleep it off.” Unfortunately, in some instances, that decision can result in DUI charges. The law does not just punish people for driving drunk; it also targets those who are considered to be in “actual physical control” of the vehicle while under the influence.

If you are sound asleep in the driver’s seat but your car keys are in the ignition or nearby, the police can interpret this as intent to drive. You must understand your rights in the event you are charged with DUI under one of these gray area situations. If you have already been charged with DUI when you were not driving (or in any other situation), the sooner you speak to a knowledgeable Naperville, IL DUI lawyer, the better your outcome is likely to be.  

What Does Illinois Law Say About Actual Physical Control?

Under 625 ILCS 5/11-501, actual physical control for DUI purposes means having the ability to physically operate a vehicle, even when not actively driving it. This includes the ability to start the vehicle and put it into motion. A person can be found to be in actual physical control, even if he or she is not the designated driver of the vehicle.

The court will consider whether the individual had the keys to the vehicle. Since many of today’s vehicles have key fobs that start the car and must only be inside the car, it is even easier to prove actual physical control than with traditional keys in the ignition. The court will then consider whether the individual was in the driver’s seat or in another position where he or she could easily operate the vehicle.

Any evidence that suggests the individual recently drove the vehicle (a warm engine) will also be considered.  The “actual physical control” standard can be broadly interpreted to encompass any situation where an individual can control the movement of a vehicle – even when not actively driving it at the time of contact with law enforcement.

Some common scenarios that can lead to DUI charges via “actual physical control” include:

• A drunk driver who is asleep in the driver’s seat on the shoulder of the road or in a parking lot.
• An inebriated driver is sitting in a vehicle that has the engine running to keep warm or cool.
• The engine is off, but the keys are in the ignition or within reach of the individual.
• The driver is sleeping in the back seat, but the keys are in the ignition, and there is eyewitness evidence or video evidence of impaired driving.  

What Are the Penalties for a First-Time Illinois DUI Conviction?

In the state of Illinois, a first-time DUI conviction is generally a Class A misdemeanor, with penalties of up to one year in jail and a fine of up to $2,500. The driver’s license may be revoked for a year. For a BAC of 0.16 percent or higher, there is a mandatory minimum fine of $500, as well as 100 hours of community service. There may also be enhanced penalties if a minor was in the vehicle at the time of the DUI arrest.

What Are the Defenses Against a Parked Car DUI?

While the specific defense used by a DUI attorney will depend on the facts and circumstances surrounding the arrest, some common defenses used in a DUI arrest when the car was parked include:

• “Actual physical control” can be challenged based on the vehicle’s location, the driver’s position within the vehicle, and the keys’ location.  
• The attorney may be able to show a lack of intent to drive.
• There may be an argument for an unlawful search, especially in a private parking lot.
• The field sobriety results or breathalyzer results can be challenged, as with any DUI.

Woman found asleep at the wheel with open bottle of alcohol on Hwy. 401 off-ramp: police

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Bryann AguilarOpens in new window

Published: June 10, 2025 at 8:59AM EDT

Police say a woman had an open bottle of alcohol in her hand when she was found asleep at the wheel on Highway 401 in Scarborough.

The 27-year-old driver was stopped at a red light on the highway off-ramp at McCowan Road, police say.

Fire crews and paramedics first arrived at the scene and were unsuccessful in waking up the woman. Police later responded and arrested her.

She has been charged with impaired driving, operating a vehicle with a blood alcohol concentration of over 80 mg and driving with open liquor.