Just because you decide not to drive through Naperville after contributing to its local economy by patronizing its many bars, saloons and taverns doesn't mean you're going to avoid a Naperville DUI charge. If you decide to sleep it off in the car you can still be arrested and found guilty - particularly if your keys are anywhere near the ignition. This is because Naperville's DUI ordinance covers driving and being in "actual physical control of a vehicle" while under the influence.
As illustrated in City of Naperville v. Watson, 175 Ill.2d 399, 677 N.E.2d 955, 222 Ill.Dec. 421 (1997), the Illinois Supreme Court upheld that the jury's finding that the defendant was in actual physical control because he was found asleep in his parked vehicle with the engine running.
As a Naperville DUI defense attorney, I would recommend the following if you find yourself over-served in Naperville and want to sleep it off in your car: Unlock the car, then start walking well away from the car. I mean at least a block or two away. Then take your ignition key and hide it under a bush or rock. Make sure to remember where you've hidden it and then return to the vehicle and sleep away. When the Naperville Police come knocking on your window, even if you are ultimately arrested as long as you take the 5th when asked the question "Where are your keys?" you will likely win the case and avoid summary suspension.
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