Arrested for DUI in Chicago? Don’t Assume Your License Is Already Gone

Chicago is one of the most heavily policed urban areas in the country, with aggressive enforcement of DUI laws. From the Lake Shore Drive corridor to neighborhood intersections in Albany Park, Englewood, and Logan Square, DUI checkpoints and traffic stops are a routine part of life. But if you’re pulled over, arrested, and charged with driving under the influence, it’s important to understand your legal rights—especially when it comes to your ability to drive.

Many drivers are told, or assume, that being arrested for DUI automatically means their driver’s license is suspended or revoked on the spot. The truth is more complicated. In Illinois, DUI arrests trigger statutory summary suspensions, but they do not automatically revoke your license immediately. In fact, you have a legal window to challenge the suspension, and with the help of a seasoned Chicago DUI lawyer, you may be able to keep your license entirely.

The difference between losing your license for months and staying on the road often comes down to timing, paperwork, and aggressive legal representation. The arrest is only the beginning—and what you do next matters more than most people realize.

Understanding Illinois Law: Arrest vs. Automatic Suspension

Illinois DUI laws are governed by 625 ILCS 5/11-501 and 11-501.1, which distinguish between the criminal offense of driving under the influence and the administrative suspension of your driver’s license.

The criminal case requires the State to prove, beyond a reasonable doubt, that you operated a motor vehicle while under the influence of alcohol, drugs, or a combination thereof. This is prosecuted in the criminal division of the Circuit Court of Cook County or other counties depending on the arrest location.

The administrative case, however, kicks in through statutory summary suspension, and it’s handled by the Illinois Secretary of State. This process is based on your refusal or failure of chemical testing—not the final outcome of your DUI criminal case.

Here’s how it breaks down:

If you refuse to take a breath, blood, or urine test after being arrested for DUI, your license is subject to an automatic suspension of 12 months for a first offense or 3 years for a second.
If you fail the test (i.e., register a BAC of 0.08% or higher), the suspension period is 6 months for a first offense or 12 months for a second.

However, these suspensions do not begin until the 46th day after arrest, giving you time to file a Petition to Rescindthe suspension. If you act fast, your Chicago DUI lawyer can schedule a hearing and argue that the officer didn’t have reasonable grounds to arrest you, didn’t properly advise you of your rights, or that the testing procedures were flawed.

A Realistic Scenario from Bronzeville: Fighting the Suspension

Imagine a driver from Bronzeville who was pulled over near 35th Street for an alleged improper lane change. The officer claims the driver smelled of alcohol and administered field sobriety tests. The driver agreed to a breath test, which came back at 0.10.

They’re arrested and given notice of statutory summary suspension. But instead of waiting for the court date to arrive, the driver immediately calls a DUI attorney in Chicago.

We review the squad car video and see that the officer didn’t properly conduct the field sobriety tests. The driver was wearing boots on icy pavement, and the test was given near heavy traffic noise, making it difficult to follow instructions. We also subpoena the breathalyzer maintenance records and discover the machine was overdue for calibration.

At the summary suspension hearing, we argue that the stop lacked probable cause and the testing protocol wasn’t followed. The judge agrees. The license suspension is rescinded.

Meanwhile, the criminal case proceeds, but with the breath test results excluded due to chain-of-custody violations. Eventually, the DUI charge is dismissed, and the client never loses their license—not even for a day.

This is the kind of outcome that is only possible when you act quickly and hire a Chicago criminal defense lawyer who knows the process and the local courts.

The Importance of Summary Suspension Hearings in DUI Cases

The summary suspension hearing is one of the most overlooked tools in a DUI defense strategy. Under Illinois law, you have 90 days from the date of notice to request a hearing—but because the suspension takes effect on the 46th day, your lawyer must act fast to file the petition and schedule the court date in time.

During the hearing, your Chicago DUI lawyer can cross-examine the arresting officer and challenge the following:

Whether the officer had probable cause to stop or arrest you
Whether you were properly informed of your rights under the law
Whether testing procedures were followed correctly
Whether there were technical problems with the testing equipment
Whether the arrest paperwork was completed correctly

Many of these hearings are won simply because the officer fails to appear or cannot justify the arrest under scrutiny. A win at this stage stops the suspension before it begins, giving you a major advantage.

Even if you don’t win the criminal case, avoiding the automatic license suspension allows you to continue working, driving your children, and meeting your daily obligations.

Types of Evidence Used in Chicago DUI Cases and How We Fight Them

DUI arrests in Chicago generate extensive documentation and video. Police try to build their case with as much evidence as possible, including:

Dashcam and bodycam footage
Officer testimony based on field observations
Standardized Field Sobriety Test (SFST) results
Portable Breath Test (PBT) results
Breathalyzer or blood test results
Witness statements
Defendant’s own statements
Surveillance footage from businesses or traffic cameras

As your criminal defense attorney in Chicago, I subpoena every piece of available evidence. If there are inconsistencies—such as officers reporting slurred speech but video showing clear communication—that can undermine the entire case.

We also inspect the calibration logs of breath machines, maintenance records, and officer certification for field sobriety testing. These are technical documents, but any flaw in them can be the basis for a motion to suppress evidence.

Key Legal Defenses to DUI Charges in Illinois

Legal defenses vary based on the details of your arrest, but some of the most common and effective defenses in Illinois DUI cases include:

Lack of probable cause for the traffic stop or arrest
Improper Miranda warnings
Failure to warn about license consequences after test refusal
Medical issues that mimic intoxication symptoms
Unlawful search or seizure
Improperly administered tests
Contaminated blood samples
Mouth alcohol or acid reflux affecting breath test readings

These defenses are often overlooked by general practitioners. You need a Chicago DUI attorney who focuses on these cases, knows the local procedures, and has argued these defenses successfully before.

Questions to Ask a DUI Lawyer Before Hiring Them

Before hiring a lawyer to defend your DUI charge in Chicago, ask:

Have you handled DUI cases at the courthouse where my case is pending?
What’s your track record with summary suspension hearings?
How will you challenge the evidence in my case?
What’s your experience with breathalyzer suppression motions?
Can I avoid a conviction or a license suspension in this case?
What happens if the officer doesn’t show at the hearing?
Will you handle my case personally?

You want someone who knows the difference between getting supervision and getting your case dismissed—and who will explain the best and worst-case scenarios honestly.

DUI FAQs – Chicago Drivers and License Suspensions

Will I lose my license immediately after a DUI arrest in Chicago?
No. Your license does not get suspended the moment you’re arrested. A DUI arrest triggers a statutory summary suspension, but it goes into effect on the 46th day unless you file to challenge it. If you act fast and hire a Chicago DUI lawyer, you may avoid suspension entirely.

What is a statutory summary suspension in Illinois?
It’s an administrative suspension imposed by the Secretary of State after a DUI arrest, based on test failure or refusal. It is automatic unless challenged. This process is separate from the criminal case and has its own rules and deadlines.

Can I still drive after a DUI arrest?
Yes, you can legally drive until the 46th day after your arrest. If your DUI attorney in Chicago files a petition and wins at the summary suspension hearing, you can continue driving without interruption.

Is it better to take the breath test or refuse it?
Refusing results in a longer suspension (12 months vs. 6 months), but it also limits the evidence the prosecutor has. The decision depends on many factors, including your prior record and whether you were actually impaired. A lawyer can help assess your case afterward.

What if I lose the summary suspension hearing?
You may be eligible for a Monitoring Device Driving Permit (MDDP) if this is your first offense. This allows you to drive with a BAIID installed. A lawyer can help you apply and stay compliant.

Does getting supervision mean I keep my license?
Not always. Court supervision helps avoid a conviction but doesn’t reverse the administrative suspension. You need to win both the criminal case and the summary suspension hearing to keep your license clean.

What happens if I drive while suspended from a DUI?
Driving while suspended for a DUI is a Class A misdemeanor, and in some cases, it can be charged as a felony. It can lead to jail time, vehicle impoundment, and loss of eligibility for driving relief programs. Never drive unless your attorney confirms it’s legal.

The Bottom Line: Don’t Wait to Defend Your License

A DUI arrest in Chicago does not automatically mean you lose your license. But if you sit back and do nothing, the suspension will go into effect—no warnings, no reminders, and no second chances.

The Law Offices of David L. Freidberg fights aggressively for people just like you. Whether you were stopped in Wicker Park, Garfield Ridge, or Lincoln Square, we’re ready to challenge the stop, the test results, and the suspension.

Call The Law Offices of David L. Freidberg – Free Consultation 24/7

Don’t let a suspension or revocation ruin your career, your mobility, or your future. Call The Law Offices of David L. Freidberg for immediate help with DUI charges, suspended licenses, or criminal cases tied to driving in Illinois.

Whether you’re charged in downtown Chicago, Skokie, Maywood, Bridgeview, or Rolling Meadows, we’re ready. We appear regularly in courtrooms throughout Cook, DuPage, Will, and Lake Counties. And we don’t treat aggravated speeding as just another moving violation.

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.

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.