Why You Should Never Assume You’re Guilty After a DUI Arrest in Illinois

Getting arrested for DUI in Chicago can feel like the end of the road. Whether you blew over the legal limit, admitted to drinking, or failed field sobriety tests, you may feel like there’s no way out. But I’m here to tell you—don’t give up. I’ve spent decades defending DUI cases across Chicago and the surrounding counties, and I’ve seen time and again how cases that looked hopeless ended with dismissals, reduced charges, or full acquittals. The key is to never assume guilt and to act quickly with the right legal defense.

Understanding DUI Charges in Chicago, Illinois

Driving under the influence (DUI) in Illinois is a serious criminal offense that can result in both criminal and civil penalties. Chicago, as the largest city in the state, sees thousands of DUI arrests each year, and each one starts the same way: with law enforcement making a stop and forming a suspicion of impairment. However, just because you were arrested doesn’t mean the state has enough evidence to convict you.

Under Illinois law, DUI is governed primarily by 625 ILCS 5/11-501. You can be charged with DUI for:

• Operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or more,
• Being under the influence of alcohol to a degree that renders you incapable of driving safely,
• Driving under the influence of any intoxicating compound or combination of alcohol and drugs, including prescribed medication.

Is DUI a Misdemeanor or Felony?

In most first and second offenses, DUI is charged as a Class A misdemeanor, punishable by up to 364 days in jail, fines up to $2,500, and mandatory license suspension. However, aggravating factors can elevate the charge to a Class 4 felony or higher. For example:

• DUI with a child passenger (625 ILCS 5/11-501(c)(3))
• Third DUI offense or more (625 ILCS 5/11-501(d))
• DUI resulting in great bodily harm or death (625 ILCS 5/11-501(d)(1)(C))

Conviction of a felony DUI can carry 1 to 30 years in prison, depending on the circumstances.

How a Criminal DUI Case Begins in Illinois

Most DUI cases in Illinois begin with a traffic stop or at a sobriety checkpoint. Officers may claim to observe erratic driving, speeding, or other traffic violations as probable cause for a stop. From there, the officer typically initiates a DUI investigation based on odor of alcohol, slurred speech, or other observed behavior.

This process often includes:

• Field sobriety testing
• Preliminary breath tests
• Questioning
• Observation of demeanor

If an officer determines probable cause exists, you’ll be placed under arrest and transported for a chemical breath, blood, or urine test.

The Arrest Process and What Happens Next

Once arrested in Chicago, your rights are immediately in jeopardy. The arrest will trigger both criminal charges and administrative proceedings with the Illinois Secretary of State. If you refused testing or blew over the legal limit, you’ll be subject to a Statutory Summary Suspension of your driver’s license.

• First offense refusal: 1-year suspension
• First offense BAC over .08: 6-month suspension

This is separate from the criminal case and begins automatically 46 days after your arrest unless you file a Petition to Rescind the Statutory Summary Suspension. Missing this deadline can leave you without a license for months—even if you beat the criminal charge.

Penalties for DUI Conviction in Illinois

The penalties depend on your BAC, prior history, and the specific facts of your case.

For a first DUI, you face:

• Up to 364 days in jail
• Fines up to $2,500
• Driver’s license suspension (6 months or more)
• Court supervision or probation
• Required attendance in a drug/alcohol program
• Installation of a BAIID device on your vehicle

A second DUI brings mandatory minimum jail time and longer license revocation. A third or fourth DUI may be charged as a felony, with mandatory prison time.

But these penalties are just the start. A DUI conviction will follow you for life in Illinois. It becomes part of your permanent criminal record, affects your employment, auto insurance, ability to rent housing, obtain loans, or apply for certain licenses. The stigma alone can impact your reputation and career.

How Illinois Criminal Trials Work After a DUI Arrest

If your case proceeds to trial, you’re entitled to a full defense under Illinois and federal law. The criminal process includes:

• Arraignment: where charges are formally presented
• Pretrial motions: including motions to suppress illegally obtained evidence
• Discovery: reviewing evidence the state intends to use
• Trial: can be bench (judge) or jury trial

Your defense attorney may challenge the traffic stop, field sobriety tests, breathalyzer calibration, or officer conduct. Even if you confessed or tested over .08, improper police procedures can lead to evidence being suppressed or charges dropped.

The Evidence Law Enforcement Tries to Use Against You

In most Chicago DUI cases, police try to gather as much evidence as possible to support their allegations. This may include:

• Police body cam footage
• Squad car video
• Field sobriety test results
• Breathalyzer or blood test results
• Officer testimony and notes
• Your statements (which can be used against you)

However, much of this evidence is subjective or flawed. Breath tests may malfunction. Field sobriety tests are poorly understood by jurors. Officers may misinterpret medical conditions as signs of impairment. A skilled defense lawyer can attack the credibility and accuracy of this evidence.

Why Having a DUI Defense Attorney Is Critical

The biggest mistake you can make is to assume there’s no point in fighting. Hiring a DUI attorney early can mean the difference between losing your license or keeping it, jail time or probation, and conviction or dismissal.

I’ve handled thousands of DUI cases in Cook, DuPage, Lake, and Will counties. Many of my clients thought they were guilty—but after challenging the legality of the stop, accuracy of tests, and the state’s evidence, we beat the charges.

You need someone who knows how the system works and can build a defense from the moment you’re arrested. Every case has legal angles that can be used to your advantage.

Legal Defenses That May Apply to Your Case

Even if you tested over the limit or admitted to drinking, you may still have a defense:

• Unlawful traffic stop: If the stop wasn’t legal, all evidence can be suppressed.
• Improper field sobriety tests: These are often incorrectly administered.
• Breathalyzer machine issues: Calibration or operator error can invalidate results.
• Medical conditions: Diabetes, GERD, or neurological issues can mimic impairment.
• No actual control of vehicle: You may not have been driving at the time.

Each DUI case must be reviewed on its own merits. The sooner you contact a lawyer, the more options we may have.

What To Look For in a DUI Defense Attorney in Illinois

You want an attorney who focuses heavily on criminal defense, understands Illinois DUI law inside and out, and has a long track record in the local courts. In Chicago, that means someone who regularly appears before judges in the Daley Center, Skokie Courthouse, Bridgeview, and Rolling Meadows.

Look for someone who:

• Has trial experience
• Understands how to challenge evidence
• Handles both misdemeanor and felony DUIs
• Can act quickly to protect your license and file motions

What To Ask During Your Free Consultation

When meeting with a DUI defense attorney, don’t hold back. Ask:

• How often do you handle DUI cases?
• What strategies would you consider in my case?
• Will you challenge the license suspension?
• Do you personally handle the case or pass it to an associate?
• What are the possible outcomes?

You should leave that consultation with a clear understanding of your options and the next steps.

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FAQs About DUI Arrests in Chicago, Illinois

Can I go to jail for a first-time DUI in Chicago?
Yes, a first DUI in Illinois is a Class A misdemeanor with a maximum sentence of 364 days in jail. However, many first-time offenders may be eligible for supervision, which avoids conviction if completed successfully.

What happens if I refused the breath test in Illinois?
Refusing a breath test results in a 12-month license suspension for first-time offenders. This is enforced by the Secretary of State under the Statutory Summary Suspension laws. You can contest the suspension by filing a Petition to Rescind.

Can my license be reinstated before the suspension is over?
In some cases, yes. You may be eligible for a Monitoring Device Driving Permit (MDDP) with a BAIID device installed in your car.

Will a DUI show up on a background check?
Yes. Unless you receive court supervision and successfully complete it, a DUI conviction remains on your Illinois criminal record permanently and will appear on most background checks.

How soon should I hire a DUI attorney?
Immediately. Time-sensitive deadlines apply to your driver’s license and your criminal defense. Waiting can limit your defense options.

Can I represent myself in a DUI case?
You can, but it’s rarely a good idea. The legal system is complex, and DUI law is full of technicalities. Even a minor mistake could result in a criminal conviction.

What if I admitted to drinking or tested over .08?
Even then, all hope is not lost. There are legal defenses available. Police procedures may have been flawed, and your rights may have been violated.

What are the long-term effects of a DUI conviction in Illinois?
A DUI can affect your job, insurance, credit, housing, and even your ability to travel. Some foreign countries restrict entry for DUI convictions.

Is court supervision available for all DUI cases?
Court supervision is typically available for a first-time offense only and cannot be used again. You must meet eligibility criteria and the judge must approve it.

Can I expunge or seal a DUI in Illinois?
Not if it results in a conviction. Illinois law does not allow DUI convictions to be expunged or sealed, which is why beating the charge is so critical.

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Why You Need an Attorney and Why You Should Call The Law Offices of David L. Freidberg

If you’ve been arrested for DUI in Chicago or anywhere in Cook County or the surrounding areas, the biggest mistake you can make is to assume you’re guilty. Police officers are not always right. Machines fail. Evidence can be thrown out. The right legal defense can protect your freedom, your license, and your future.

You deserve someone who will fight for you—not just someone who will walk you through a guilty plea. At The Law Offices of David L. Freidberg, I provide aggressive, results-driven DUI defense. I know what works in these cases and what it takes to win.

My team and I serve clients throughout Chicago, including Cook County, DuPage County, Will County, and Lake County. We’re available 24/7 for a free consultation. Don’t wait—your future may depend on the actions you take today.

Call Now – The Law Offices of David L. Freidberg Is Ready to Help

If you were arrested in Chicago for DUI, 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.

Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.