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Hello. I recently entered a vehicle on the passenger side and turned the vehicle on while under the influence of a low amount of alcohol. I had not had a drink until 3 hours before entering the vehicle and I did not attempt to drive the vehicle in any way. I just turned the engine on so I could turn on the air conditioning. My question is does this technically constitute a DUI? I had no intention of driving the vehicle and simply turned it on for about 10 minutes while I attempted to nap. Could I get charged with a DUI for this or do I actually have to drive the vehicle? Thanks for your time.
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Depends on how much alcohol you had to drink. If you had enough to drink you were DUI, then you were DUI. If you did not have enough to drink, you were not DUI.
Whether you were the passenger, not attempting to drive the vehicle, turning the engine on, or taking a nap, none of that matters. The key question is whether you had "physical control" over the vehicle. Caselaw has said even if the car is not on, it is a DUI. If you are asleep in the back seat with keys in your hand, it is a DUI.
In otherwords, DUI does not require you to actually drive the vehicle.
Source: 625 ILCS 5/11-501.
Answered on Oct 27th, 2014 at 8:38 PM