DUI With a CDL in Illinois: How Professional Drivers Can Protect Their Careers

Chicago’s Roads, Illinois DUI Laws, and the Stakes for Commercial Drivers

Chicago is a hub for trucking, logistics, and professional driving. Interstate 90, I-94, and I-55 carry a constant stream of freight through the city. With such heavy commercial traffic, Illinois law enforcement pays close attention to CDL holders, and a DUI arrest here carries much higher stakes for those who make their living behind the wheel.

Under Illinois law, DUI offenses can be either misdemeanors or felonies, depending on the circumstances. A first-time DUI is typically charged as a Class A misdemeanor under 625 ILCS 5/11-501, punishable by up to one year in jail and a $2,500 fine. However, aggravating factors—such as causing injury, driving with a suspended license, or having multiple prior convictions—can raise the charge to a felony. For CDL holders, the consequences extend beyond criminal penalties; the mere arrest can disrupt or end a career.

Illinois adopts a stricter alcohol limit for CDL holders: just 0.04% BAC when operating a commercial vehicle, compared to 0.08% for non-commercial drivers. Federal Motor Carrier Safety Administration (FMCSA) regulations add another layer, mandating at least a one-year CDL disqualification for a first DUI conviction, even if it occurred in a personal vehicle. For a second DUI conviction, the loss of a CDL is for life.

The legal process in Illinois begins with the arrest, but for CDL holders, the consequences start the moment the officer files the statutory summary suspension paperwork with the Secretary of State. This means your right to drive a commercial vehicle may be gone long before your court case is decided. Understanding the state’s DUI statute, the local court system in Cook County, and how to defend your CDL from day one is critical.

From Arrest to Trial: The Criminal Case Process for CDL DUI in Illinois

The process begins when law enforcement initiates a traffic stop—often for speeding, swerving, improper lane usage, or a roadside inspection at a weigh station. For CDL holders, Illinois State Police and Chicago PD are trained to recognize and document every detail of a stop involving a commercial vehicle.

If the officer suspects impairment, they may ask you to perform field sobriety tests. These tests are voluntary, but refusal can be used against you in court and can still trigger CDL consequences under both Illinois and FMCSA rules. A breath or blood test is then requested. For CDL holders, a result of 0.04% BAC or higher while driving a commercial vehicle is enough for arrest, but Illinois will also prosecute a CDL holder for 0.08% BAC or greater in a personal vehicle.

Once arrested, the statutory summary suspension process begins. Under 625 ILCS 5/6-208.1, a first DUI arrest can lead to a 12-month CDL disqualification if you fail chemical testing, or three years if transporting hazardous materials. Refusing testing can trigger a one-year CDL suspension. These suspensions are separate from the criminal case, meaning even if you win at trial, you could still lose your CDL if you miss the administrative deadlines.

The criminal case proceeds in the local circuit court—Cook County if arrested in Chicago. The prosecution must prove beyond a reasonable doubt that you were operating a vehicle under the influence. Your defense attorney can file motions to suppress evidence, challenge the legality of the stop, and question the accuracy of breath or blood testing.

Example: Imagine a driver based in Chicago’s Back of the Yards neighborhood pulled over for “weaving” on I-55 after a long shift. The officer claims alcohol odor and slurred speech, but dashcam video shows the truck maintaining lane for most of the stop. Breath testing equipment later records 0.04%—exactly the limit for a commercial driver. A strong defense could focus on calibration issues, medical conditions causing speech changes, and whether the stop was supported by probable cause. If evidence is suppressed, both the criminal charge and CDL suspension could be avoided.

At trial, evidence may include police reports, dashcam or bodycam footage, chemical test results, and officer testimony. The defense may present witnesses, expert toxicologists, and records showing the driver’s safe operation. A not-guilty verdict keeps your record clear and your CDL intact.

Evidence in CDL DUI Cases and Potential Defenses

Illinois CDL DUI cases often hinge on both direct and circumstantial evidence. Law enforcement will attempt to gather:

• Officer observations of driving behavior and demeanor
• Results of standardized field sobriety tests
• Breath, blood, or urine test results
• Statements made to police during the stop
• Dashboard camera and body camera recordings
• Logbooks and shipping records showing work hours and rest breaks
• Vehicle inspection reports if pulled at a weigh station

Each piece of evidence can be challenged. Field sobriety tests may be invalid if not administered according to NHTSA guidelines. Chemical testing can be questioned for improper calibration, contamination, or chain-of-custody errors. Dashcam footage sometimes contradicts officer testimony. Statements may be excluded if obtained without proper Miranda warnings.

Defenses vary depending on the facts but may include:

• Lack of probable cause for the stop
• Unreliable or improperly administered field sobriety tests
• Medical conditions affecting balance, coordination, or speech
• Rising BAC defenses, where alcohol level increased after driving ended
• Faulty breath or blood testing equipment or procedure
• Constitutional violations, such as unlawful search and seizure

Because CDL drivers face automatic federal and state sanctions, it’s critical to mount a defense in both the criminal and administrative arenas. A strong legal strategy targets both the court case and the Secretary of State’s suspension proceedings.

Why You Need a Criminal Defense Attorney for CDL DUI

The stakes for a CDL DUI in Illinois are higher than for most drivers. Losing your license means losing your livelihood, and the penalties are unforgiving. An attorney experienced in Illinois DUI law understands how to handle both the court case and the administrative hearing to protect your right to work.

Without legal representation, you risk missing critical deadlines to contest the statutory summary suspension. You may fail to present key evidence that could keep your CDL. Prosecutors and judges are not obligated to explain your options; in fact, they expect you to know the rules or have someone who does.

An attorney can investigate the stop, challenge the evidence, represent you in hearings, and negotiate for reductions or dismissals. They can also ensure your case is prepared for trial if needed. Having someone who understands Cook County court procedures, local prosecutors, and Illinois Secretary of State rules gives you a significant advantage.

FAQs: CDL DUI in Chicago and Illinois

What is the BAC limit for CDL drivers in Illinois?
Illinois law sets the limit at 0.04% BAC for CDL holders operating a commercial vehicle, per 625 ILCS 5/6-515. This is half the limit for non-commercial drivers.

Can I lose my CDL for a DUI in my personal vehicle?
Yes. A first DUI in a personal vehicle triggers at least a one-year CDL disqualification under FMCSA rules.

How quickly do I have to act after a CDL DUI arrest?
You have 45 days from the notice of statutory summary suspension to request a hearing. Missing this deadline can mean losing your CDL before your court case ends.

Is a first-time CDL DUI a felony?
Usually it’s a Class A misdemeanor unless aggravating factors are present, but the career impact can be as severe as a felony for CDL holders.

Can I get court supervision for a CDL DUI?
No. Illinois law prohibits court supervision for CDL holders convicted of DUI, even for a first offense.

Does refusing a breath test protect my CDL?
No. Refusal can trigger a one-year CDL suspension, separate from any criminal case.

Will my employer find out about my arrest?
Yes. CDL holders must notify their employer within 30 days of any traffic violation, including DUI arrests.

Can I get a restricted CDL after a DUI?
Illinois does not issue hardship or restricted CDLs during suspension. You cannot legally operate a commercial vehicle until reinstatement.

Are there defenses to a CDL DUI charge?
Yes. Possible defenses include challenging the legality of the stop, the accuracy of testing, and the reliability of officer observations.

Should I hire a lawyer who handles CDL DUI cases regularly?
Absolutely. Experience with both Illinois DUI statutes and FMCSA rules is critical for protecting your CDL.

Why Choose The Law Offices of David L. Freidberg

If you are a CDL holder facing DUI charges in Chicago, Cook County, DuPage County, Will County, or Lake County, your career and future depend on the outcome of your case. The Law Offices of David L. Freidberg has defended professional drivers for decades, protecting both their record and their ability to work. We handle every stage of the case, from challenging the stop to fighting for your license in Secretary of State hearings.

We understand the trucking industry, the FMCSA regulations, and the local courts. Our goal is always to protect your livelihood and your freedom. If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.