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DUI Actual Physical Control, What Is That?
Yes, a DUI sleeping in car situation can happen to you under a not so unique set of circumstances.
In fact, if you are drunk and asleep at the wheel of a non moving (even turned off) car you can be liable!
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The podcast episode was inspired by the recent Illinois court decision, People v. Morris, 2014 IL App (1st) 1130152 (07/23/2014). However, there is also a decision out of South Dakota where a man was acquitted on appeal for DUI. This guy was drunk and leaned into his truck and accidently bumped a gear level.
The South Dakota case also sounds interesting and can be found in this Argus Leader article.
The Code in Illinois
The actual Illinois Criminal Code on the matter says that an individual:
shall not drive or be in actual physical control of any vehicle within this State while under the influence of alcohol.
625 ILCS 5/11-501(a)(2).
See other Illinois DUI Opinions.
The Factors
In Illinois, the presence of four factors may lead to a DUI conviction for falling asleep behind the wheel while drunk.
The specific question a court is answering when looking at these factors is whether the sleepy head was in actual physical control of the car?
Here are the factors:
* Possessed of the ignition key* Physical capability to operate the vehicle* Sitting in the driver’s seat, and* Alone in the car with the doors locked.
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By Police NuggetsYes, a DUI sleeping in car situation can happen to you under a not so unique set of circumstances.
In fact, if you are drunk and asleep at the wheel of a non moving (even turned off) car you can be liable!
Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download
APPLE PODCASTS GOOGLE PODCASTS
SPOTIFY ANDROID RSS
DIRECT DOWNLOAD
The podcast episode was inspired by the recent Illinois court decision, People v. Morris, 2014 IL App (1st) 1130152 (07/23/2014). However, there is also a decision out of South Dakota where a man was acquitted on appeal for DUI. This guy was drunk and leaned into his truck and accidently bumped a gear level.
The South Dakota case also sounds interesting and can be found in this Argus Leader article.
The Code in Illinois
The actual Illinois Criminal Code on the matter says that an individual:
shall not drive or be in actual physical control of any vehicle within this State while under the influence of alcohol.
625 ILCS 5/11-501(a)(2).
See other Illinois DUI Opinions.
The Factors
In Illinois, the presence of four factors may lead to a DUI conviction for falling asleep behind the wheel while drunk.
The specific question a court is answering when looking at these factors is whether the sleepy head was in actual physical control of the car?
Here are the factors:
* Possessed of the ignition key* Physical capability to operate the vehicle* Sitting in the driver’s seat, and* Alone in the car with the doors locked.