People v. Brown
530 N.E.2d 74, 125 Ill. Dec. 156, 175 Ill.App.3d 676 (1988)
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Rule of Law:
A person is in 'actual physical control' of a vehicle for the purposes of a DUI statute if they are behind the steering wheel in the driver's seat with the ignition key and are physically capable of starting the engine and moving the vehicle, regardless of whether the engine is running or they are attempting to drive.
Facts:
- Defendant drove his car to Benjamin's bar, parked it, and went inside for drinks.
- He later left the bar with Nancy Markham in her car, leaving his vehicle in the parking lot.
- After visiting another location, Markham drove Defendant back to his car.
- Defendant entered his car, put the key in the ignition to operate the electric windows, and then went to sleep in the reclined driver's seat, deciding not to drive home.
- At approximately 3:50 a.m., police officers found Defendant asleep and slumped over the steering wheel of his parked car.
- The car's engine was not running, but the keys were in the ignition, the radio and dashboard lights were on, and the hood of the car was warm.
- Defendant had vomited on his clothing and smelled strongly of alcohol.
- A subsequent breathalyzer test stipulated by the parties showed a blood alcohol concentration of .19.
Procedural Posture:
- Defendant was on court supervision for a 1985 DUI conviction.
- Following Defendant's arrest for a new DUI charge on September 26, 1986, the State filed a petition in the trial court to revoke his supervision.
- The trial court held a full evidentiary hearing on the State's petition.
- The trial court found by a preponderance of the evidence that Defendant was in actual physical control of the vehicle and granted the State's petition, revoking Defendant's supervision.
- Defendant, as appellant, appealed the trial court's decision to the Illinois Appellate Court.
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Issue:
Does being found asleep in the driver's seat of a parked, non-running vehicle with the keys in the ignition constitute 'actual physical control' of the vehicle under the Illinois DUI statute?
Opinions:
Majority - Justice Inglis
Yes. Being found asleep in the driver's seat of a parked, non-running vehicle with the keys in the ignition constitutes 'actual physical control.' The DUI statute criminalizes two distinct acts: driving while under the influence and being in actual physical control of a vehicle while under the influence. The court rejected Defendant's argument that 'actual physical control' is synonymous with attempted driving. Citing precedent from People v. Heimann, the court defined actual physical control as merely requiring that one is behind the steering wheel in the driver’s seat with the ignition key and physically capable of starting the engine and moving the vehicle. The evidence showed Defendant was in the driver’s seat with the key in the ignition, which is sufficient to prove he was in actual physical control. The legislature made this act equally culpable to driving while intoxicated to prevent intoxicated individuals from starting to drive.
Analysis:
This decision solidifies the legal distinction between 'driving' and 'actual physical control' under Illinois DUI law, establishing a low threshold for what constitutes control. The ruling prioritizes the preventative purpose of the statute—to stop an intoxicated person from potentially operating a vehicle—over the individual's intent or the argument that sleeping in a car is a safer alternative to driving. This precedent makes it difficult for a defendant to argue they were not in control of a vehicle if found intoxicated in the driver's seat with the keys, regardless of their state of consciousness or the vehicle's operational status. It creates a clear, bright-line rule for law enforcement and prosecutors in similar 'sleeping-it-off' scenarios.
